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Subpoena Ad Testificandum or Witness Summons re: Competent Witness iro Officers of the Court & Judicial Support Staff

HH86-12 : ELIJAH KASEZA vs LANGTON KASEZA and WINNIE MURAPE
Ruled By: MAVANGIRA J

This matter was initially set down for hearing on 11 June 2009 on which date it was postponed to 10 July 2009. It was again postponed a number of times and was finally heard on 3 February 2011 after which date the court called for supplementary heads of argument from ...
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Appealed
HB59-09 : DINESH MANILAL NARAN vs RONNAH MAFURIRANO and THE REGISTRAR OF DEEDS
Ruled By: KAMOCHA J

The plaintiff in this matter seeks:-“1. An order to declare that the sale agreement executed between him and first defendant on the 30th of September 2001 on Stand 378, Gorebridge Road, Killarney, Bulawayo is still binding and effectual as between the parties;2. An order to compel the first defendant to ...
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HH112-10 : CENTRAL AFRICAN BUILDING CONSTRUCTION COMPANY (PVT) LIMITED vs CONSTRUCTION RESOURCES AFRICA (PVT) LIMITED
Ruled By: GOWORA J

The defendant has further considered issuing a subpoena for counsel for the plaintiff to testify on the circumstances surrounding the various acts supposedly done on behalf of the plaintiff by him. Counsel for the plaintiff has contended that he would not call himself as a witness and that it would be improper for the defendant ...
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HB10-10 : NORAH NCUBE vs ALBERT GUMBO and REGISTRAR OF DEEDS
Ruled By: KAMOCHA J

It is observed that Mr Mazibisa who is being accused of withdrawing the notice of appeal without the mandate of the applicant did not file an affidavit explaining on whose instructions he did that….,.
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HH32-11 : MAGAYA OBERT CHITSAMATANGA and MURORO AARON CHITSAMATANGA and OTHERS vs FANNUEL CHITSAMATANGA and GUTU & CHIKOWERO ATTORNEYS AT LAW and MASTER OF THE HIGH COURT
Ruled By: MAKONI J

The first defendant's next witness was Benjamin Chikowero, a partner in Messrs Gutu Chikowero. He is in charge of the Chivhu office. He has been in practice for 11 years. On 26 May 2000, he received a new file from the reception. The testator and his wife were ushered in. They gave him instructions ...
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HH129-11 : STEPHEN ZINGWE vs SYNODIA GWANZURA (nee CHETENI) and PETTION ELTON GWANZURA
Ruled By: KUDYA J

Mr Peter Dzimba, Mrs Gwanzura's legal practitioner at the time, also confirmed her testimony. He wrote the letters of 6 January addressed to Trevor Dollar and Mr Gwanzura's legal practitioners….,. He confirmed the accuracy of the information in exhibit 5 that demonstrated that the money paid by Mr Gwanzura was invested by him with Trust ...
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HH177-11 : J. MAMBARA N.O. (in his capacity as executor dative of the estate of the late Wilson Madziva) vs CAROLINE KUNAKA and BOBBY MANGODZA and OTHERS
Ruled By: MUTEMA J

Caleb Hatizvigoni Mucheche was the defendants' last witness. His testimony was this: He is a legal practitioner, part time lecturer with the University of Zimbabwe and also an Arbitrator. He came to know the first defendant on 10 April 2007 when Mr Chimbare of Fremus Executors phoned him advising that one Mrs Madziva needed the services of ...
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SC63-14 : UNITED REFINERIES LIMITED vs MINING INDUSTRY PENSION FUND and REGISTRAR OF DEEDS and ERROL S. WOLHUTTER and AUSTIN J. SIBANDA t/a JOEL PINCUS KONSON AND WOLHUTTER
Ruled By: ZIYAMBI JA, GWAUNZA JA and GOWORA JA

The explanation for the failure to place the facts sought to be adduced through the supplementary affidavit is blamed on the appellant's erstwhile legal practitioner. As the court had to consider, on the one hand, the explanation for the failure to include the information and determine therefrom the lack of mala fides on the part of ...
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HH672-15 : TRINITY ENGINEERING (PVT) LTD vs RUSSELL KARIMAZONDO and MAXIFIX (PVT) LTD and TELECEL ZIMBABWE (PVT) LTD and PEOPLE'S OWN SAVINGS BANK and THE REGISTRAR OF DEEDS
Ruled By: MATHONSI J

Muyengwa Motsi is the legal practitioner representing the plaintiff who has instructed counsel in these proceedings. He is accused, by Russell Karimazondo, of having drafted the first plea that Russell Karimazondo filed in which he admitted having forged Senator Aguy Clement Georgias's signature and the affidavit, exhibit 2. He was brought in specifically ...
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HH130-16 : YAKUB MAHOMED vs JOHN ARNOLD BREDENKAMP
Ruled By: CHIGUMBA J

To compound matters, the legal practitioners for the plaintiff and defendant, in their wisdom, saw fit to testify on behalf of their respective clients.
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SC61-18 : ILASHA MINING (PRIVATE) LIMITED vs YATAKALA TRADING (PRIVATE) LIMITED t/a VIKING HARDWARE DISTRIBUTORS
Ruled By: BHUNU JA

It appears that there is now conflict between the applicant and its then legal practitioners who refused to co-operate when asked to file a supporting affidavit in this application. The refusal of the applicant's erstwhile legal practitioners to shed light on why the heads of argument were not filed on time has seriously handicapped the applicant's application. The applicant, ...
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HB04-16 : PATIENCE MAFU vs FREEMAN BIBA NCUBE and THE BULAWAYO CITY COUNCIL
Ruled By: MATHONSI J

It is trite that where a party seeks to disown legal representation or to cast the blame for non-action upon its legal practitioner, an affidavit must be obtained from that legal practitioner confirming that position.
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SC72-18 : MEIKLES LIMITED vs WIDEFREE INVESTMENTS (PRIVATE) LIMITED T/A CORE SOLUTIONS
Ruled By: BERE JA

The reason given for non-compliance with Rule 12(3) of the Supreme Court Rules, 2018 was the alleged miscommunication between the legal practitioner and his clerk. While the explanation might be genuine, it tends to lean on hearsay evidence given the absence of the clerk's supporting affidavit confirming what is now being attributed to her. This position was re-stated ...
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HH255-14 : FUNGAYI J. NYEMBA vs CBZ BANK and PRAISE PETROLEUM (PVT) LTD and CROSLEY MASHIRI and NOVELTY MASHIRI and FARAI NYEMBA
Ruled By: MATHONSI J

The second and third respondents only sneaked in an affidavit, albeit out of time, which is neither an opposing affidavit nor a supporting affidavit. So did Tererai Hilary Gunje, a senior partner at Gunje Chasakara, who was not even the legal practitioner dealing with the matter, it having been handled by Martin ...
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HH168-15 : ARAFAS MTAUSI GWARADZIMBA vs AKA JULIE PANAGIOTA MERCURI N.O. and THE MASTER OF THE HIGH COURT N.O.
Ruled By: MWAYERA J

A lawyer is not precluded from giving evidence of a legal nature and of facts he has knowledge of.
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HH176-15 : BARBARA MAKAHAMADZE vs DOUGLAS MUTUVIRA
Ruled By: MWAYERA J

The defendant recalled that on 2 January 2009, after they separated, he sold the Nyanga house to one Mr Henry Mugore Muringai with whom he entered into an agreement of sale.I must hasten to point out that such agreement of sale was not satisfactorily supported by both the defendant and ...
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HH349-14 : TRUSTEES OF THE S.O.S. CHILDREN'S VILLAGE ASSOCIATION OF ZIMBABWE vs BINDURA UNIVERSITY and MINISTER OF STATE, MASHONALAND CENTRAL and MINISTER OF LANDS and ATTORNEY – GENERAL
Ruled By: MAFUSIRE J

The third point in limine was that counsel for the applicant should be disqualified from representing the applicant. He had been present at the scene. He had witnessed the events. According to the respondents' submissions, it was counsel for the applicant himself who had in fact engineered the dispute. On top of that he had filed a ...
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HH14-09 : TENDAI MUZA vs CHRISTINA MUWIRIMI and FATIMA MURWISI and MUNICIPALITY OF CHITUNGWIZA
Ruled By: MTSHIYA J

Exhibit 5, showing the purported reimbursement of $82.5 million on 7 April 2006, through Messrs C Mutsahuni Chikore Partners, throws mud in the first defendant's story. The said legal practitioners are not mentioned anywhere in the pleadings….,. That piece of evidence is suspect.
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HH66-12 : OTILIAH ZULU vs EZRA ZULU
Ruled By: MAWADZE J

The applicant, in her wisdom, decided to shy away from proffering any explanation to her default in her founding affidavit which is crucial to her case. In other words, the applicant gave no explanation as to what she did about this case after she instructed her attorneys to enter an appearance to defend on 25 ...
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Appealed
SC12-20 : ZIMASCO (PVT) LTD vs CASPER TSVANGIRAI and BAOBAB REAL ESTATE and THE REGISTRAR OF DEEDS BULAWAYO
Ruled By: GARWE JA, HLATSHWAYO JA and GUVAVA JA

This is an appeal against the whole decision of the High Court sitting in Bulawayo under judgment number HB16-14, dated 30 January 2014, in which the appellants' application for absolution from the instance at the close of the first defendants case was dismissed.BACKGROUND FACTSThe facts which gave rise to this ...
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HB16-14 : CASPER TSVANGIRAI vs ZIMASCO (PVT) LTD and BAOBAB REAL ESTATE and THE REGISTRAR OF DEEDS, BULAWAYO
Ruled By: MUTEMA J

The genesis of the dispute between the parties resides in an Agreement of Sale entered into in respect of Stand 1004 Redcliff Township owned by the plaintiff which the first defendant purchased on 10 June 2008 via the facilitation of the second defendant.Both the first and second defendants aver that ...
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HB84-18 : ROSINA NGIRAZI vs FUNGAI SAUROSI and KWEKWE CITY COUNCIL
Ruled By: MATHONSI J

This is essentially an application for condonation of the late noting of an appeal against the judgment of the Magistrates Court sitting at Kwekwe handed down on 9 January 2013 in terms of which it ordered the applicant, as the executrix of the estate of her husband, the late David ...
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SC47-20 : ROBSON MAKONI vs CBZ LIMITED
Ruled By: GWAUNZA DCJ, GUVAVA JA and MAKONI JA

This is an appeal against the whole judgment of the High Court sitting at Harare in which the court dismissed an application for rescission of a default judgment entered against the appellant on 23 July 2015....,.The explanation proffered by the appellant was that he failed to file a plea as ...
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HB179-18 : YUSUF GAIBIE and MAHMOUD GAIBIE vs ALEXANDER CASTANHEIRA and RACHEL CASTANHEIRA
Ruled By: MAKONESE J

The defendants have made an application for absolution from the instance at the close of the plaintiffs case.The defendants contend that the plaintiffs had failed to lead evidence upon which a court might find in favour of their claims. The application is made on the basis that an essential of ...
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HH634-15 : TETRAD HOLDINGS (PVT) LTD and OTHERS vs NATIONAL SOCIAL SECURITY and OTHERS
Ruled By: BHUNU J

On 28 May 2014 the first respondent, National Social Security Authority, obtained default judgment against the 11 applicants. The default judgment reads:“WHEREUPON after reading documents filed of record and hearing counsel;IT IS ORDERED That:1. The 1st, 2nd, 3rd, 4th, 5th, 6th, 7th, 8th, 9th, 10th, and 11th defendant(s) be and ...
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HH177-17 : GILBERT JONGA vs NYASHA CHABATA
Ruled By: CHATUKUTA J

The applicant seeks an interdict restraining the respondent from interfering with his farming operations at Subdivision 3 of Farm 45, Glendale (the farm).This is not the first time that the parties are before this court. The parties are fighting over who has the right to occupy the farm which belongs ...
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HH442-15 : DAVID WHITEHEAD TEXTILES LTD (represented by KNOWLEDGE HOFISI, in his capacity as Final Judicial Manager) vs JYOTSANAGEN KALA and LISTON CHAKUPA and MASTER OF THE HIGH COURT
Ruled By: MAFUSIRE J

In this application, one Knowledge Hofisi (“Hofisi”) was the final judicial manager of the applicant company, David Whitehead Textiles Limited, which was under final judicial management. The application was for an order that the applicant be joined as the second defendant in an action under the case reference number HC8549/13.In ...
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HH443-15 : MHANGURA COPPER MINES LIMITED vs TAYENGWA MUSKWE
Ruled By: HUNGWE J

This matter was initiated as a court application by the present plaintiff. Upon hearing argument, the court ordered that the papers filed in the court application stand as pleadings and the matter proceed to discovery in the normal way.The papers show that, at the pre-trial conference stage, four issues were ...
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HH740-15 : COSMAS ZAVAZAVA and VONGAI ZAVAZAVA vs JONAH TENDERE and TENDAI TENDERE and THERMO-DYNAMICS REAL ESTATE and REGISTRAR OF DEEDS N.O.
Ruled By: MATHONSI J

It would appear that conveyancing laws of this country are not foolproof because fraudsters continue to exploit the weaknesses in the procedure for registration of transfers to defraud innocent property seekers.The leakages in the system have meant that cases of unlawful transfers of immovable property continue to reach the courts ...
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SC83-21 : DOMBO CHIBANDA and PINGO KANDORORO and JOHN KANDWE vs CITY OF HARARE
Ruled By: HLATSHWAYO JA

This is a chamber application for condonation for failing to note an appeal within the prescribed time limits and extension of time within which to note an appeal in terms of Rule 43 of the Supreme Court Rules, 2018 (the Rules). The applicants seek an order in the following terms:1. ...
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HHH220-16 : THE STATE vs GEORGE LOVELL
Ruled By: MUSAKWA J

The accused pleaded not guilty to a charge of murder. The incident took place in 2012.During the course of the trial, the State sought to produce extra-curial statements recorded from the accused. The defence challenged the admissibility of the statements.A trial on the separate issue ensued and this is the ...
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SC70-19 : ADRIAN READ vs JOHN GARDINER and SAFARI HUNTERS (PRIVATE) LIMITED
Ruled By: HLATSHWAYO JA, PATEL JA and MAVANGIRA JA

This is an appeal against the judgment of the High Court dismissing, with costs on a legal practitioner and client scale, an application for condonation of the failure to apply for the rescission of a default judgment granted in Case No. HC2424/17 within the time stipulated by the High Court ...
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