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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=) ...
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HB11-10 : GORDON SPENCER and GARY BROWN vs THE MINISTER OF LANDS, LAND RESETTLEMENT AND RESETTLEMENT and THE CHIEF LANDS OFFICER, BULILIMA and MS R. BHEBHE
Ruled By: KAMOCHA J

The applicants in this matter sought and were granted a provisional order on 7 January 2010. The terms of the order were as follows:-“Interim relief grantedPending determination of this matter, the applicants are granted the following relief:(1) The respondents are interdicted from taking any steps to evict the applicants from the property described herein or from ...
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HB22-10 : KHAMI UNITED FOOTBALL CLUB vs ZIMBABWE FOOTBALL ASSOCIATION
Ruled By: KAMOCHA J

The respondent in this matter has anticipated the return date of a provisional order granted by this court on 1 April 2010. Its terms were that pending the finalisation of the matter the respondent be ordered and directed to take all reasonable steps to forthwith suspend the commencement of the 2010 Division One Southern Region ...
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HB27-10 : PATIENCE MOYO and ZIVANAYI MWEDZI and ANDREW BALENI and MARGRET MREWA and EDMORE VETERAI and OTHERS vs BULAWAYO KNITWEAR (PVT) LTD and MESSENGER OF COURT, BULAWAYO DISTRICT
Ruled By: KAMOCHA J

On 11 November 2009, the applicants applied for and were granted a provisional order whose terms were that pending the final determination of that application and the outcome of a review application which they were to institute within seven (7) days of the order, the writ of eviction and execution in case numbers 268/09; 666/09; ...
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HB31-10 : BROOKLANDS HUNTING SAFARIS (PVT) LTD vs PABST HOLDINGS (PVT) LTD t/a CHAPUNGU RANCH and LOWVELD MARKETING SERVICES (PVT) LTD and MR WILLIAM PABST
Ruled By: KAMOCHA J

The applicant was granted, on 10 November 2009, a provisional order which was amended to read as follows in the interim order granted:- “Pending the finalization of this matter, applicant be and is hereby granted the following relief:- 1. The respondents be and are hereby ordered and directed to forthwith take all reasonable steps and do every ...
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HB64-10 : (1) SHARON KENNY and ESTATE LATE TERENCE KENNY and (2) KNIGHT NCUBE vs (1) KNIGHT NCUBE and (2) SHARON KENNY and ESTATE LATE TERENCE KENNY
Ruled By: NDOU J

The cross-applicant has…, not established a clear or prima facie right for the final interdict sought.
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HB104-10 : THENJIWE NDLOVU vs VISION SITHOLE and CITY OF BULWAYO and REGISTRAR OF DEEDS
Ruled By: MATHONSI J

On the 6th October 2008, the first respondent issued summons out of this court seeking an order compelling transfer of Stand 20027 Pumula South, Bulawayo from the applicant to himself. In that action, he alleged that he had purchased that property from the applicant and that a written agreement had been signed on the ...
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HB106-10 : THWASILE NGWENYA vs MHLUPHEKI HLABANGANA and MESSENGER OF COURT
Ruled By: MATHONSI J

1. ….,. 2. ….,. 3. The provisional order granted on the 17th April 2008 in Case No. HC815/08 be and is hereby discharged with applicant in that matter to bear the costs of suit.
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HH104-13 : BOKA INVESTMENTS (PRIVATE) LIMITED vs THIRDLINE TRADING (PRIVATE) LIMITED and ONCLASS INVESTMENTS (PRIVATE) LIMITED and MASTER OF THE HIGH COURT
Ruled By: PATEL J

This an application for the confirmation of a provisional order, granted on 23 February 2011, for the winding up of the 1st and 2nd respondents (the respondents). The latter companies were the tenants of the applicant and jointly operate a tobacco auction floor under the trade name of Zimbabwe Industry Tobacco Auction Centre together with ...
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HB10-13 : WESTGATE RESIDENTS ASSOCIATION vs NATIONAL RAILWAYS OF ZIMBABWE and L. H. JIYANE
Ruled By: NDOU J

After hearing submissions by both counsel, I ordered that the provisional order granted by this court on 29 June 2011 be discharged with costs on the ordinary scale. I indicated that reasons for doing so will follow in due course. These are they. The applicant is an association of residents at Westgate Security Complex a residential ...
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HB101-11 : REJOICE SIBANDA vs ESTATE LATE C KARPUL
Ruled By: MATHONSI J

As the provisional order staying execution had been granted to allow her to prosecute the rescission of judgment application, it follows that it must be discharged. (1) ….,. (2) The application in Case No. HC450/11 is hereby dismissed and the provisional order discharged.
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HB111-11 : CHRISTOPHER MOYO vs OBERT CHINHAMO
Ruled By: MATHONSI J

Counsel for the respondent…, argued that the remedy of spoliation was availed to the applicant at the time that he obtained interim relief. In his view, at the stage of confirmation of the provisional order, the court cannot ignore the fact that respondent has proved ownership of the disputed strip. Instead, the court should ...
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HB168-11 : NOKUTHULA MOYO vs NORMAN GWINDINGWI N.O. and DAIRIBOARD ZIMBABWE (PVT) LTD
Ruled By: MATHONSI J

The provisional order granted to the applicant was predicated upon a valid application being made to challenge the termination of the applicant's contract of employment. There is no such application in existence. It must be discharged….,. (1)…,.(2) The provisional order made on 13 July 2006 is hereby discharged.
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HB10-14 : ELPHAS KAWA vs VICTOR MUZENDA N.O. and ZEXCOM (PRIVATE) LIMITED (in provisional liquidation) and ASSISTANT MASTER OF THE HIGH COURT and REGISTRAR OF DEEDS and GEORGE ZINGANI and FUNGAI MARUFU
Ruled By: MAKONESE J

The applicant (Elphas Kawa) is a shareholder of the second respondent (Zexcom (Pvt) Ltd) (in provisional liquidation) in terms of an Order granted by this Honourable Court on the 27th February 2013. By virtue of the Order, the first respondent was interdicted and prohibited from disposing, selling or in any way alienating or encumbering ...
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HB20-14 : VELD CLIFF ENGINEERING (PVT) LTD T/A FIREMATIC CONSULTING ENGINEERS (represented by WATSON MURUVIWA) vs FIREMATIC CONSULTING ENGINEERS (PVT) LTD and VENSON GAMBIZA and NOMTHANDAZO NGWENYA
Ruled By: MOYO J

It is the respondent's contention that the applicant has not satisfied the requirements of an interdict as they have an alternative remedy in terms of Section 24(7) of the Companies Act [Chapter 24:03]. In the case of ZESA Staff Pension fund v Mushambadzi SC57-02, ZIYAMBI AJA…, stated the requirements for a final interdict ...
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Appealed
HB114-16 : J.C. CONOLLY AND SONS (PVT) LTD vs R. C. NDHLUKULA and THE MINISTER OF LANDS AND RURAL RESETTLEMENT
Ruled By: MUSAKWA J

This is an application for confirmation of a provisional order that was granted on 17 June 2014. The terms of the provisional order were to the following effect:- “INTERIM RELIEF GRANTED Pending the return day, the following relief is granted: 1. The 1st respondent be and is hereby interdicted and barred from taking occupation of, or bringing cattle onto the piece ...