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Final Orders re: Confirmation or Discharge of Interlocutory Restraining Orders and Provisional Orders

HH70-12 : FIRSTEL CELLULAR (PRIVATE) LIMITED vs MUNYARADZI SEFAIDIGA and BLESSING MUNYORO
Ruled By: HUNGWE J

On the return day of the rule nisi I confirmed the provisional order and dismissed the counter application indicating that the reasons will follow. These are the reasons. This is the return day of the rule nisi issued by this court on 10 May 2007 interdicting the two respondents (applicants in the counter-application hereinafter referred to as ...
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Appealed
HB07-12 : GOLDEN MOYO vs STEPHEN MKOBA and DISTRICT ADMINISTRATOR, MIDLANDS PROVINCE and GOVERNOR, MIDLANDS PROVINCE and MINISTER OF LOCAL GOVERNMENT and PRESIDENT OF ZIMBABWE
Ruled By: NDOU J

There are two matters in this case.The first matter, HC1369/09, is for the confirmation or discharge of a provisional order granted by this court on 10 September 2009. The second, which is the main matter, under case number HC1410/09, is for the rescission of the decision to appoint the first ...
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HH93-09 : HAVEN CHIKUMBU vs BRYDEN TECHINICAL SERVICES (PRIVATE) LIMITED AND THE REGISTRAR OF DEEDS AND THE DEPUTY SHERIFF FOR HARARE
Ruled By: CHITAKUNYE J

On 4 July 2007, the first respondent, through Messrs. Mkushi, Foroma Maupa Legal Practitioners, addressed a letter to Messrs. Magwaliba, Matutu Kwirira. The letter reads in part:“We write to you at the instance of Ms. E. Khetani and Ms. Lukungwe, who are both Directors of Bryden Technical Services. Our clients advise ...
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HH128-09 : ROUTE TOUTE BV & OTHERS vs MINISTER OF NATIONAL SECURITY RESPONSIBLE FOR LAND LAND REFORM AND RESETTLEMENT & OTHERS
Ruled By: PATEL J

The 1st applicant in this matter is a business corporation registered in the Netherlands. The other three applicants are commercial farming entities registered in Zimbabwe. The applicants together, directly or indirectly, are the registered owners and leaseholders of Fangudu Farm (the farm). They claim the right to continue to own ...
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HB24-09 : SIKHULILE MOYO vs THABANI KHUMALO and ESTATE LATE SIBONILE MLILO (represented by Bongani Ndlovu) and ASSISTANT MASTER OF HIGH COURT, BULAWAYO and CITY OF BULAWAYO
Ruled By: CHEDA J

This is an application for an enforcement of a contract. The first respondent is Thabani Khumalo, a male adult who is in the business of contracting, acquiring and developing residential Stands for sale. He resides at House No.8774 Cowdray Park, Bulawayo, which is his address for service. The second respondent is the Executor in the Estate of the ...
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HB45-09 : FALCON DUBE vs ZIMBABWE NATIONAL WATER AUTHORITY and THE MESSENGER OF COURT
Ruled By: KAMOCHA J

The applicant entered appearance to defend, and engaged the services of a legal practitioner. The matter was set down for a hearing but the applicant, and his legal representative, failed to appear for the hearing. The court, accordingly, entered a default judgment. The applicant filed an application for rescission, which was dismissed. The reasons for the dismissal were that the ...
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HB67-08 : PROMISE NCUBE vs SHENZIRA NCUBE and JEREMIAH TENHESE N.O.
Ruled By: KAMOCHA J

On 24 February 2006, this court granted a provisional order which the applicant now seeks to have confirmed. The terms of the final order are these:-“That the provisional order granted by this honourable court be confirmed in the following manner:-1. That the first and second respondents be and are hereby ...
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HB90-09 : FIOS NCUBE vs TICHAONA GOMBA and ZIM-AUSTRALIA (PVT) LIMITED and CITY OF BULAWAYO
Ruled By: KAMOCHA J

This matter was first filed under cover of a certificate of urgency on 9 July 2004. A provisional order was granted whereby the first respondent, who is now the first defendant, and all those claiming through him, were ordered to vacate House Number 3722, Emganwini Township, Bulawayo, forthwith, failing which the Deputy Sheriff was authorized ...
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HH03-10 : ESTHER MWANYISA vs ENETI JUMBO and ISABEL SAMURIWO and MTIKUMBURA MOFFAT and THE CITY OF HARARE and THE MASTER OF THE HIGH COURT and ANOTHER
Ruled By: MAKARAU JP

In the provisional order issued in her favour, the operation of the order in favour of the first respondent was stayed pending the filing and determination of an application for joinder by the applicant in the main matter in which the eviction order had been obtained, and an application to have that Order set aside. When ...
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HB35-11 : CARSLONE ENTERPRISES P/L vs WILSON SVOVA
Ruled By: MATHONSI J

The applicant, a subsidiary of the Reserve Bank of Zimbabwe, set up a diamond mining plant at Kleimport Farm near Gweru. The plant itself is located on claims known as 20 and 21 at the farm. The applicant has been mining at the site and processing the diamonds at the plant in question ...
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HB56-11 : ELIZABETH READ vs MAIKOL PHIRI and JENNIFER PHIRI and REGISTRAR OF DEEDS
Ruled By: CHEDA J

This is an application for the confirmation of a provisional order granted by this court on the 15th of March 2006. The interim relief granted was couched as follows: INTERIM RELIEF GRANTED ''Pending the determination of this matter, it is ordered: - 1. That First and Second Respondents be and are hereby ordered not to evict or attempt ...
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HH278-10 : RADIATOR AND TINNING (PVT) LTD vs RADIATOR AND TINNING (PVT) LTD WORKERS COMMITTEE and WALTER DUBE and LITOS CHIKWANDA and OTHERS
Ruled By: MTSHIYA J

This is an opposed application where the applicant seeks confirmation of a provisional liquidation order granted on 24 March 2010, which order read as follows- “1. The applicant, RADIATOR TINNING (PRIVATE) LIMITED, is provisionally would up, pending the grant of an order in terms of paragraph 3 of the discharge of this order. 2. Subject to ...
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HH283-10 : TAWANDA CHIPATO vs MARKO MUSA MASEKO and RICHARD MASEKO and BERN-WIN DEVELOPMENT COMPANY (PRIVATE) LIMITED
Ruled By: MAKONI J

The background to the matter is that on 4 April 2002, Marko entered into an Agreement of Sale with the Bernwin, whereby Marko purchased the property in issue for five million dollars ($5,000,000=). It was a term of the agreement that Marko would pay a deposit of one million two hundred thousand dollars ($1,200,000=) ...