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Locus Standi re: Factual or Evidential Averments or Pleadings Competently Available to Another Party

HH71-09 : AGRO CHEM DEALERS (PVT) LTD vs STANLEY GOMO and CITY OF HARARE and RONALD AJARA and THE REGISTRAR OF DEEDS
Ruled By: GOWORA J

The two respondents…, sought to oppose the application on the basis that the contract of sale has been cancelled…,. It is contended, on behalf of both respondents, both in the opposing affidavits and in the supplementary heads of argument requested by myself, that not only had the City of Harare cancelled the Agreement of Sale, it had commenced ...
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HB02-12 : MUNICIPALITY OF VICTORIA FALLS vs LOIDA NYATHI and 11 OTHERS
Ruled By: NDOU J

These are twelve cases, which were consolidated into two matters, which were heard at the same time.For easy reference, the one matter involved what may be called the ZimSun houses (five (5) defendants under HC2224/08). The five defendants being Alice Ndlovu, Sivumo Ndlovu, Kambarachi Zex Raura, Freda Khumalo and Simolita ...
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HH33-12 : BRIAN JUSTICE ENTERPRISES PL vs H.E.R. (PVT) LTD and NITSA OLYMPIOS and PARIS OLYMPIOS and CHRISTOS VENTURAS and REGISTRAR OF DEEDS
Ruled By: HUNGWE J

This matter was placed before me through the Chamber Book on 25 January 2012.After I perused the papers, I directed that the matter be set down for hearing the next day.On this day, the parties addressed me on the issue of urgency. I found the matter to be urgent and ...
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SC24-11 : MARY NYAMUTATA vs JOHN CHIKOMO and ARIMANDO BREAD and EPWORTH LOCAL BOARD
Ruled By: MALABA DCJ, ZIYAMBI JA and CHEDA AJA

The second respondent, who entered appearance to defend, raised the question of prescription alleging that the period of prescription had run against the appellant's claim against the first respondent….,.In our view, only the first respondent would have had the right to raise the defence of prescription against the appellant in respect of the claim relating to ...
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SC17-09 : ELIZABETH MUTIZHE vs LOVENESS GANDA and THE REGISTRAR OF DEEDS and FANNIE MUTIZHE
Ruled By: MALABA DCJ

In Chambers in terms of Rule 31 of the Rules of the Supreme Court (“the Rules”).This is an application for an extension of time in which to note an appeal against the whole judgment of the High Court given on 27 February 2008.The applicant and the third respondent were married ...
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HH103-09 : U-TOW TRAILERS (PRIVATE) LTD vs CITY OF HARARE and SUPERLUX (PRIVATE) LIMITED
Ruled By: MAKARAU JP

The brief background facts to this matter are largely common cause. I set them out as follows:In 1994, the applicant entered into a lease agreement with the first respondent in respect of certain premises situate at Number 9 Market Street, Eastlea, Harare (“the premises”).The lease agreement was constantly renewed over ...
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HH104-09 : BSKY ENERGY (PVT) LTD vs MINISTER OF ENERGY AND POWER DEVELOPMENT and ANOTHER
Ruled By: BHUNU J

The first respondent also sought to argue that as a Government Minister he placed the embargo on the diesel in the public interest because it constituted a harmful substance in terms of the Environment Management Act [Chapter 20:27] as read with the Environment Management (Hazardous Substances, Pesticides and other Toxic Substances) Regulations, S.I.12 of 2007. In other words, the ...
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HB46-09 : HERBERT SIKHOSANA vs ESTATE LATE A MTSANA and SHOWLAST NCUBE and NAPFUTALI SIBANDA and ZANELE NCUBE and NOKUTHULA MTHETHWA and ORS
Ruled By: NDOU J

The applicant is seeking an order in a draft in the following terms: “It is ordered that: (1) Upon tendering of the balance of the purchase price by the applicant, first to fifth respondents be and are hereby directed to take all reasonable steps necessary to effect transfer of Stand 3553 Emganwini, Bulawayo, into applicant's name. (2) In the event ...
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HH45-10 : CHRISTMAS MUSONI vs NABOTH JOKONOKO and SHURUGWI TOWN COUNCIL
Ruled By: CHITAKUNYE J

The plaintiff sued the two defendants claiming basically for his restoration as the registered buyer of House Number 360 Makusha Township, Shurugwi.In his summons and declaration, the plaintiff alleged, that, on 20 August 1981 he entered into a written agreement of sale with Dickson Katerere (“D. Katerere”) in respect of ...
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HH67-10 : JAMES MUTETWA vs BARRIE DIXON and MARKO MAVHURUNE N.O. (as Executor Estate Late Samuel Mushaninga) and KENIAS MUTYASIRA N.O. (as Executor Estate Late Salome Chisvo) and REGISTRAR OF DEEDS
Ruled By: MAKARAU JP

The first respondent was served with the application through service upon one Violet Tanda at the disputed property. It is not indicated on the certificate of service who Violet Tanda is and in what capacity she accepted service of the court application on behalf of the first respondent as it is common cause that the first respondent ...
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HH69-10 : COTTON COMPANY OF ZIMBABWE LIMITED vs MOBIL OIL ZIMBABWE (PVT) LTD AND TOTAL ZIMBABWE (PVT) LTD
Ruled By: MAKARAU JP

After the application for joinder to be filed and served, the second defendant filed a special plea alleging that the plaintiff's claim had prescribed. The issue that has exercised my mind in this matter is whether the same facts that can sustain a plea of prescription against the first respondent can be relied upon by ...
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HH118-10 : JOHN STRONG (PRIVATE) LIMITED and TOBS STRONG (PRIVATE) LIMITED vs WILLIAM WACHENUKA and MINISISTRY OF LANDS, AGRICULTURE AND RESETTLEMENT
Ruled By: GOWORA J

The second respondent has argued that the first respondent took occupation of Plot 7 in 2007. The first respondent is not before me so I cannot comment on the manner in which he took occupation.
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Appealed
SC03-13 : BERNARD VENGAI vs BENJAMIN CHUMA and NEW DONNINGTON FARM (PVT) LTD
Ruled By: ZIYAMBI JA, GARWE JA and OMERJEE AJA

This is an appeal against the judgment of the High Court in which the appellant's claim for the replacement value of a Mercedes Benz motor vehicle, and damages arising from a road traffic accident, was dismissed with costs.The facts of this matter are that on 10 September 2008, at 7:30pm, ...
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HH36-11 : GENESIS VENTURES (PRIVATE) LIMITED vs ROLMAY TRADING (PRIVATE) LIMITED and LARDFAIR TRADING (PRIVATE) LIMITED
Ruled By: BERE J

There are aspects of Mr Mahuni's testimony which I have already commended on which cast serious doubt on the credibility of this witness's testimony. The witness's strout effort to try and defend the Agreement that was entered into between the plaintiff and Muswere Haulage Dynamic, in the witness's absence, did not impress the court. ...
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HH37-11 : STANSILOUS K MTIZIRA vs EPWORTH LOCAL BOARD and MAPANZURE and ELPHAS UTETE and ZACHARIOUS GODI
Ruled By: CHATUKUTA J

The first issue is whether or not the first respondent acted fairly, and therefore lawfully, in summarily cancelling the lease agreement without affording the applicant a chance to respond to the allegations that he was in breach of the agreement. The applicant submitted that the first respondent was obliged, at law, to give him an opportunity ...
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HH54-13 : OX MINING (PRIVATE) LIMITED and GOLD RECOVERY GROUP (PRIVATE) LIMITED vs OX DRILLING LLC and SIDNEY STEYN and DIRK BENADE and THE COMMISSIONER-GENERAL
Ruled By: MAKONI J

Going back to the points in limine raised by the respondents. My view is that the third respondent cannot take those points in limine. Those points emanate from the relationship between the applicants and the first respondent. To the extent that the court has made a finding that the third respondent cannot represent the first respondent, the ...
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HH80-11 : CAIRO MHANDU vs JORDAN MUSHORE and RONALD MUSHORE and SAKALA CHOKOTO and FAITH DZAWO and DEPUTY SHERIFF
Ruled By: BHUNU J

During the course of the hearing, it was conceded that the applicant has locus standi in that he is the holder of an offer letter to the disputed land. During the course of the hearing, it emerged that the dispute boils down to a boundary dispute. On the face of it, it appears to ...
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HH140-11 : 59 BENEFICIARIES OF VALLEY LANE HOUSING SCHEME vs HARARE MUNICIPAL WORKERS UNION and CITY OF HARARE and OTHERS
Ruled By: MTSHIYA J

The applicants allege that following negotiations between Valley Lane Investments (Pvt) Ltd and the second respondent, the second respondent waived its right to cancel the agreement. The applicants then proceeded to start developments on the Stands.
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HB05-11 : BMG MINING (PVT) LTD vs MINING COMMISSIONER BYO MINING DISTRICT and CHIEF MINING COMMISSIONER and KAMATIVI TIN MINES (PVT) LTD
Ruled By: MATHONSI J

The applicant seeks a declarator that it is the lawfully registered holder of mining claims called Kapata 11, registered number 11769BM held by certificate of registration number T30249.All the respondents have opposed the application mainly on the ground, that, the applicant's said claims overpeg already existing and registered claims of ...
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SC12-17 : JOHN CONRADIE TRUST vs THE FEDERATION OF KUSHANDA PRE-SCHOOLS TRUST and MUNICIPALITY OF MARONDERA and UNITED METHODIST CHURCH (MARONDERA INNER CITY) and REGISTRAR OF DEEDS N.O.
Ruled By: BHUNU JA

In determining the applicant's prospects of success on appeal, it is necessary to recap the facts pertaining to the cause of action.The first respondent, that is to say, The Federation of Kushanda Pre-Schools, is the registered owner of Stand 1894 Marondera Township (the Stand) held under Deed of Transfer 2910/2006. The third respondent ...
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Appealed
HH377-13 : KENNEDY GODWIN MANGENJE vs TBIC INVESTMENTS [PVT] LTD and FOUR OTHERS [Case 1] and MINISTER OF LANDS & RURAL RESETTLEMENT & 3 OTHERS [Case 2]
Ruled By: MAFUSIRE J

In correspondence and affidavits deposed to on his behalf, the Minister of Lands and Rural Resettlement avers that TBIC Investments (Private) Limited had made considerable investment on the portion of the original property sold to it. However, TBIC Investments (Private) Limited itself does not say anything in this regard….,. TBIC Investments (Private) Limited's argument that the ...