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Registration. Legal Personality and Operational Autonomy of Governance Mechanisms

HH39-09 : WARREN PARK TRUST vs ANTHONY PAHWARINGIRA and NTOMBIZODWA PAHWARINGIRA and DAVY MUTINGWENDE and CHIPO MUTINGWENDE and SALTANA ENTERPRISES PL
Ruled By: BHUNU J

The applicant is a Trust duly registered in terms of the laws of this country...,.
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HB27-09 : ZIMBABWE NATIONAL STUDENTS UNION and NUST STUDENTS' REPRESENTATIVE COUNCIL vs NATIONAL UNIVERSITY OF SCIENCE AND TECHNOLOGY and MINISTER OF HIGHER EDUCATION
Ruled By: NDOU J

The background of this application is the following. The first applicant is said to be “a representative body of students in tertiary institutions, colleges and universities.” The applicant is said to be a common law universitas which represents the interests of the students of the first respondent.
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HH92-11 : MHANYAMI FISHING AND TRANSPORT CO-OPERATIVE SOCIETY LIMITED and OTHERS vs THE DIRECTOR GENERAL PARKS AND WILDLIFE MANAGEMENT AUTHORITY N.O. and PARKS AND WILDLIFE MANAGEMENT AUTHORITY
Ruled By: MAKONI J

The first and second applicants are, in terms of section 21 of the Co-operative Act [Chapter 24:05] body corporates with all the rights attendant on a body corporate. The third applicant is a duly registered company. The three applicants are therefore artificial persons.
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HH402-15 : NYASHA ZHOU and PATRICIA ZHOU and GIFT SHOKO and NYATRISH PROPERTY INVESTMENTS PL and SINCIA INVESTMENTS PL vs THE TRUSTEE OF TOMORROW TODAY YESTERDAY TRUST and SHERIFF FOR ZIMBABWE
Ruled By: MATHONSI J

It is trite that a Trust is not a juristic person. See HONORE's South African Law of Trusts, ed 5…,. Clearly, therefore, it being composed of natural persons and not having corporate personality, it cannot appear as a party to an action. I associate myself fully with the sentiments of SMITH J in WLSA Ors v Mandaza ...
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HB10-13 : WESTGATE RESIDENTS ASSOCIATION vs NATIONAL RAILWAYS OF ZIMBABWE and L. H. JIYANE
Ruled By: NDOU J

The respondents have raised a preliminary point on the legal standing of the applicant. It raised an issue that the applicant is not a body capable of suing and being sued.The applicant purported to correct this defect by belatedly filing what it terms a Constitution in its answering affidavit. The ...
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HH338-14 : MAFIRAMBUDZI FAMILY TRUST vs LIBERTY MADZINGIRA and PANNAH NHIWATIWA and THE REGISTRAR OF DEEDS N.O. and THE SHERIFF
Ruled By: TAKUVA J

In my view, the sole issue for determination is whether a trustee of a registered trust has authority to act on behalf of such Trust.Counsel for the respondents' contention was that such a trustee requires the authority of other trustees to so act. He relied on the Madzivire and Ors ...
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SC25-15 : GWERU WATER WORKERS' COMMITTEE vs CITY OF GWERU
Ruled By: MALABA DCJ, GARWE JA and HLATSHWAYO JA

A universitas is an aggregate of natural persons or individuals forming a legal personaor entity, with separate existence from them and having the capacity of acquiring rights and incurring obligations. It also enjoys the right of perpetual succession. See VOET 1.8.28; 3.4.1, 3.4.2, Webb and Co v Northern Rifles 1908 ...
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HMA31-17 : CHAMU MINING SYNDICATE vs SIBONGILE MPINDIWA N.O. and CHAMWANDOITA SYNDICATE
Ruled By: MAFUSIRE J

The applicant described itself as a body corporate/universitas. But no incorporation document was produced.The mere coming together of a group of people, or gang, for some commercial purpose such as mining, does not automatically transform it into a body corporate.
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SC48-12 : THE CHURCH OF THE PROVINCE OF CENTRAL AFRICA vs THE DIOCESAN TRUSTEES FOR THE DIOCESE OF HARARE
Ruled By: MALABA DCJ, ZIYAMBI JA and OMERJEE AJA

By definition, a Church is a voluntary and un-incorporated association of individuals united on the basis of an agreement to be bound, in their relation to each other, by certain religious tenets and principles of worship, government and discipline. The existence of a Constitution is testimony to the fact that those who are members of the ...
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HH114-15 : THEMPSON MUZVAGWANDOGA and DZOKAI MUZVAGWANDOGA vs MAI-KAI REAL ESTATE DEVELOPMENT TRUST and BERNARD MUTANGA and MOLLY DINGANI and THE REGISTRAR OF DEEDS
Ruled By: MAFUSIRE J

It is trite that a Trust is not a juristic person. It has no corporate personality. It has no existence separate from that of the trustees. A Trust is no more than a legal arrangement through which one administers property for another or for some impersonal object: See HONORE, The South African Law of Trusts, 5th ed…,.; Greenberg v Greenberg's Estate ...
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HB169-16 : THE SHERIFF OF THE HIGH COURT OF ZIMBABWE vs DEVELOPMENT TRUST OF INSIZA and ZIMBABWE ASSOCIATION OF DAIRY FARMERS
Ruled By: TAKUVA J

Our law is clear on the fact that a trust has no juristic persona – see John Conrad Trust v The Federation of Kushanda Pre-school Trust Ors HH503-15 wherein the court said; Even if am wrong in that finding, the plaintiff's claim will still suffer the consequences of suing as a trust. The plaintiff, ...
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HH503-15 : JOHN CONRAD TRUST vs THE FEDERATION OF KUSHANDA PRE-SCHOOLS TRUST and MUNICIPALITY OF MARONDERA and UNITED METHODIST CHURCH MARONDERA and REGISTRAR OF DEEDS
Ruled By: MATHONSI J

The plaintiff, being a trust, is not a corporate body and therefore cannot appear as a party. In WLSA Ors v Mandaza Ors 2003 (1) ZLR 500 (H)..., SMITH J quoted with approval the pronouncement of STEYN CJ in Commissioner of Inland Revenue v MacNeillie's Estate 1961 (3) SA 833 (A)..., that: “Like a deceased estate, ...
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CC08-19 : WILLIAS MADZIMURE and SEKAI HOLLAND and OTHERS vs PRESIDENT OF THE SENATE and SPEAKER OF THE NATIONAL ASSEMBLY and OTHERS
Ruled By: CHIDYAUSIKU CJ, MALABA DCJ, ZIYAMBI JCC, GWAUNZA JCC, GARWE JCC, GOWORA JCC, HLATSHWAYO JCC, PATEL JCC and GUVAVA JCC

A political party is a product of a voluntary association of people who share a common ideology on how the affairs of the State should be administered and believe that if some of the members are elected to Parliament, and the political party gets control of the levers of Governmental power, they will use them ...
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Appealed
SC56-20 : MOVEMENT FOR DEMOCRATIC CHANGE and NELSON CHAMISA and MORGAN KOMICHI vs ELIAS MASHAVIRA and ELIAS MUDZURI and THOKOZANI KHUPE and DOUGLAS MWONZORA
Ruled By: GARWE JA, PATEL JA and GUVAVA JA

The first appellant is the Movement for Democratic Change, a political party which has capacity to sue and be sued in its own name (“the Party”).
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SC103-20 : VERITAS and FIRINNE TRUST ALSO KNOWN AS VERITAS vs ZIMBABWE ELECTORAL COMMISSION and MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS and ATTORNEY GENERAL OF ZIMBABWE
Ruled By: GOWORA JA, GUVAVA JA and BHUNU JA

The first appellant, Firinne Trust, is a trust incorporated as such by Deed of Trust under the laws of Zimbabwe and registered with the Registrar of Deeds. It trades as Veritas, which is the second appellant herein.The first respondent, is the Zimbabwe Electoral Commission (ZEC), established in terms of section ...
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HH111-08 : RAILWAY ARTISANS UNION and RAILWAY ASSOCIATION OF YARD OPERATING STAFF and ANOR vs RAILMED and NATIONAL RAILWAYS OF ZIMBABWE and RAILWAYS EMPLOYMENT COUNCIL
Ruled By: GOWORA J

The first respondent (Railmed) was established in 1970 by the National Industrial Council for the Railway Industry which has now been named the Railway Employment Council. Its legal status is that of a body corporate which is capable of suing and being sued in its own name.
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SC61-22 : BDO ZIMBABWE CHARTERED ACCOUNTANTS vs ROBIN VELA and THE AUDITOR GENERAL OF ZIMBABWE
Ruled By: BHUNU JA, MATHONSI JA and CHIWESHE JA

INTRODUCTIONThis judgment involves two consolidated appeals from the High Court (the court a quo) being case numbers SC258/20 and SC285/20. The court issued a consolidation order dated 29 March 2021 by consent of the parties. Both appeals are based on the same record of proceedings and issues in the court ...
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SC67-21 : COSSAM CHIANGWA and OTHERS vs APOSTOLIC FAITH MISSION IN ZIMBABWE and OTHERS
Ruled By: MAVANGIRA JA, MAKONI JA and KUDYA AJA

The law concerning universitas, and the power of the courts to interfere in their affairs, is reproduced in BAMFORD's The Law of Partnerships and Voluntary Associations in South Africa, 3rd ed…, and restated in various cases such as Dynamos Football Club (Pvt) Ltd Anor v ZIFA ...
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SSC75-21 : ISRAEL TANGWENA and TONDERAI MUOCHA vs THE PROSECUTOR GENERAL
Ruled By: GWAUNZA DCJ, PATEL JA and BHUNU JA

This appeal from the High Court has its genesis in the Magistrates Court which acquitted both appellants on one charge of fraud as defined in section 136 of the Criminal Law (Codification and Reform) Act [Chapter 9:23] and, secondly, operating an unregistered trust in contravention of section 9 of the ...
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Appealed
SC97-21 : THE TRUSTEES FOR THE TIME BEING OF CORNERSTONE TRUST and JULIUS MAKONI and THE TRUSTEES FOR THE TIME BEING OF RYVONNE TRUST vs NMB BANK LTD
Ruled By: HLATSHWAYO JA, PATEL JA and MAVANGIRA JA

This is an appeal against the entire judgment delivered by the Honourable Justice Zhou in the High Court of Zimbabwe.The order sought to be impugned reads as follows:“IT IS ORDERED THAT:1. Judgment be and is hereby given in favour of the plaintiff against the first, second, and third defendants jointly ...
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HH466-18 : NMB BANK LTD vs THE TRUSTEES FOR THE TIME BEING OF CORNERSTONE TRUST and JULIUS MAKONI and THE TRUSTEES FOR THE TIME BEING OF RYVONNE TRUST
Ruled By: ZHOU J

The plaintiff, a commercial Bank, claims against the three defendants payment of a sum of money amounting to US$1,105,748=90 together with interest thereon at the rate of 15% per annum calculated from the 9th September 2015 to the date of payment in full; such interest to be calculated monthly and ...
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HH94-16 : THE MILTON GARDENS ASSOCIATION and SYRIL MUPANGURI vs TECLA MVEMBE and CHAMPION CONSTRUCTORS (PVT) LTD and REGISTRAR OF DEEDS, HARARE and THE SURVEYOR GENERAL
Ruled By: DUBE J

The first applicant is an association of members and will hereinafter be referred to as The Association....,. The second applicant is the chairperson of The Association.
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HMA38-19 : BERRINGTON ZVANYANYA and OTHERS vs ZIMBABWE SUGAR MILLING INDUSTRY WORKERS UNION and OTHERS
Ruled By: MAFUSIRE J

Applicants 1 to 10 (Berrington Zvanyanya, Samuel Jinjika, Nyararai Dembo, Madhuvura Emmanuel, Madzuro Stiriki, Lovemore Muteurwa, Vengai Masungwini, Ngonidzashe Mabina Mudambanuki, Joe Gasva and Masacha Tapiwa) are one faction of a trade union.Respondents 2 to 6 (Godfrey Katerere, Brawl Chikandiwa, Tavanga Vandirai, Lucia Chirilele and Nokhutula Dube) are the ...
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HMT03-19 : THE TRUSTEES OF THE UNITED MUTARE RESIDENTS AND RATEPAYERS TRUST (UMRRT) vs CITY OF MUTARE and THE MINISTER OF LOCAL GOVERNMENT, PUBLIC WORKS & NATIONAL HOUSING
Ruled By: MUZENDA J

On the 23rd of March 2015, Mr Sebastian Bakare; Mr Terrance Moody; Ms Natsai Nyamuwanza; Mr Cephas Sagwete; Ms Poshier Magada; Ms Maraidza Elizabeth Mutambara joined together to form United Mutare Residents and Ratepayers Trust.Counsel for the applicant appears on the copy of the Resolution dated 3rd July 2018 which ...
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HH709-15 : ODAR HOUSING DEVELOPMENT CONSORTIUM vs SENSENE INVESTMENTS (PVT) LTD and MINISTER OF LOCAL GOVERNMENT, PUBLIC WORKS AND NATIONAL HOUSING and ATTORNEY–GENERAL
Ruled By: MAFUSIRE J

This was an urgent chamber application. At the end of the hearing, I dismissed it with costs on a legal practitioner-and-client scale. I deprecated the conduct of the applicant's legal practitioners.The purported urgent chamber application was not only bad in many respects, it was incurably bad.What I was particularly concerned ...
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