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Costs re: Interim or Interlocutory Proceedings

HH169-09 : GRAMARA (PRIVATE) LIMITED and COLIN CLOETE vs GOVERNMENT OF THE REPUBLIC OF ZIMBABWE and ATTORNEY-GENERAL OF ZIMBABWE and NORMAN KAPANGA (INTERVENER)
Ruled By: PATEL J

The two applicants herein were parties, together with 77 others, in a matter that was adjudicated by the Southern African Development Community Tribunal (the Tribunal) in the case of Mike Campbell (Pvt) Ltd Others v The Republic of Zimbabwe Case No. SADC(T) 2/2007.The Tribunal gave its judgment in ...
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HH243-10 : COMMERCIAL WORKERS UNION OF ZIMBABWE vs TASARA ZVANDASARA and GILBERT KARIKUIMBA
Ruled By: UCHENA J

The issue of costs does not arise as this is an interim order. It will be dealt with on the return day.
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HH12-13 : ANDREW MILLS vs TANGANDA TEA COMPANY LIMITED
Ruled By: PATEL J

As regards costs, I note that the applicant brought this application some seven weeks after the respondent had filed its plea. He was fully aware of the defences raised and must have appreciated that an application for summary judgment was improper and bound to fail. In these circumstances, and in terms of Rule 72, it ...
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HH52-13 : SOUTHMARK TRADING (PRIVATE) LIMITED and OTHERS vs KAROI PROPERTIES (PRIVATE) LIMITED and GEDION HWEMENDE and NATIONAL INDIGENISATION AND ECONOMIC EMPOWERMENT BOARD and OTHERS
Ruled By: ZHOU J

Counsel for the fifth respondent…, urged the court to award the fifth respondent the costs it incurred when it was cited in the proceedings. …,. I need to consider the costs of the fifth respondent. It is clear from the papers filed that the fourth respondent, Gedion Hwemende, is the one who relied on the forged letter ...
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HH79-14 : JOVITA SANYANGOWE vs ELVIS CHALIMBA and CONSTABLE CHIKATA and ASSISTANT INSPECTOR MAGUMANA and CO-MINISTERS OF HOME AFFAIRS
Ruled By: MATHONSI J

1. ….,. 2…..,. (a)…,. (b)…,. 3. The costs shall be in the main cause.
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HH181-14 : SHEILA CHINYAMAKOBVU vs EMMANUEL CHINYAMAKOBVU
Ruled By: MAWADZE J

Both parties have not made meaningful submissions in relation to costs. The applicant did not justify why she was seeking costs on an attorney-client scale. One may infer that this is informed by the applicant's lack of means. The general principle is that a successful party is entitled to his or her costs. See Mutyasira v Gonyora and ...
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HH319-14 : GLOAR DESIGN TEAM vs ZIMBABWE NATIONAL ROAD AUTHORITY (ZINARA)
Ruled By: MTSHIYA J

1. …,. 2 …,. 3. Costs shall be costs in the cause.
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Appealed
SC53-14 : TAVENHAVE AND MACHINGAUTA LEGAL PRACTITIONERS vs THE MESSENGER OF COURT
Ruled By: ZIYAMBI JA, GARWE JA and PATEL JA

1….,. 2…., “(i)…,. (ii) The costs of the application for summary judgment are reserved for determination by the trial court.”
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HMA13-17 : COMMERCIAL SUGAR CANE FARMERS ASSOCIATION and ZIMBABWE CANE FARMERS ASSOCIATION and OTHERS vs THE MINISTER OF INDUSTRY AND COMMERCE and TRIANGLE LIMITED and HIPPO VALLEY ESTATES (PVT) LTD
Ruled By: MAWADZE J

The respondents prayed for a special order of costs on the basis that the application for the recusal of my brother MAFUSIRE J was made without prior notice. I am not satisfied that the respondents have made a case for a special order of costs and/or for costs on a higher scale. It ...
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HB21-16 : REGIONAL MANAGER, BEITBRIDGE and ZIMBABWE REVENUE AUTHORITY vs MODRECK MARAMBA and ASSISTANT SHERIFF, BULAWAYO
Ruled By: MATHONSI J

1…., 2….,. 3. The costs of this application shall be costs in the main application.
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HH631-15 : GOLDEN REEF MINING (PRIVATE) LIMITED and FERBIT INVESTMENTS (PRIVATE) LIMITED vs MNJIYA CONSULTING ENGINEERS (PTY) LIMITED and THE SHERIFF
Ruled By: MAFUSIRE J

There is one last point. In the applicant's papers, and during argument, the applicant deprecated the conduct of the respondent's legal practitioner and pressed strongly for an order of costs on an attorney and client scale, and de bonis propriis against him. However, the prayer for costs, and at such a scale, is ...
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HB57-16 : HAMUTENDI KOMBAYI and OTHERS vs MINISTER OF LOCAL GOVERNMENTand PROVINCIAL ADMINISTRATOR, MIDLANDS PROVINCE and DR LUCKSON CHIKUMBIRIKE NO. and MR G. N KHOSA NO. and NICHOLAS MOYO NO.
Ruled By: BERE J

Perhaps, in passing, and before dealing with the substantive arguments in this case, I note that the second part of the provisional order alluded to the respondents having to bear costs of suit. It is not normal that a provisional order would contain such a provision as the issue of costs is ...
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HH47-15 : ZFC LIMITED vs KM FINANCIAL SOLUTIONS (PRIVATE) LIMITED( for a provisional order for its winding up and appointment of a provisional liquidator) and MASTER OF THE HIGH COURT
Ruled By: ZHOU J

Both counsel argued that their clients be awarded costs in the event that they succeeded. I prefer to leave the question of costs to be dealt with by the court when it determines the two applications. Accordingly, I will make no order as to costs in this matter….,. 1….,. 2. The question of costs shall be considered at the ...
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HH193-16 : GRANDWELL HOLDINGS PL vs MINISTER OF MINES and ZIMBABWE MINING DEVELOPMENT CORPORATION and MARANGE RESOURCES PL and ZIMBABWE CONSOLIDATED DIAMOND COMPANY and MBADA DIAMONDS PL and ANOR
Ruled By: MAFUSIRE J

[g] Costs The issue of costs is normally one for determination on the return date. It was not argued before me. But an order of spoliation is a final order. It does not have an interlocutory nature: see Mankowitz v Loewenthal 1982 [3] SA 758…, and SILBERBERG and SCHOEMAN, The Law of Property, 5th ed…,. The two elements of spoliation, namely, ...
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HH159-13 : KINGDOM MERCHANT BANK LIMITED vs JAYESH SHAH and SATURN TRADING AND INVESTMENTS LIMITED
Ruled By: MATHONSI J

1….,. 2….,. 3….,. 4. The costs of this application shall be costs in the main action.
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HH791-15 : NUVERT TRADING (PRIVATE) LIMITED t/a TRIPLE TEE FOOTWEAR vs HWANGE COLLIERY COMPANY
Ruled By: MATHONSI J

1….,. 2….,. 3….,. 4….,. 5….,. 6….,. 7….,. 8. The costs of this application shall be costs in the main cause.
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HH101-15 : MICHAEL LESLIE MITCHELL STUBBS vs RENE STUBBS (nee DU PLOOY)
Ruled By: UCHENA J

1….,. 2….,. 3. Costs shall be in the cause.
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HH477-13 : BARCLAYS BANK OF ZIMBABWE LIMITED vs RESERVE BANK OF ZIMBABWE and UNIVERSITY OF ZIMBABWE
Ruled By: ZHOU J

1….,. 2….,. 3….,. 4. The costs of this application shall be costs in the cause in HC12970/12.
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HH385-13 : WEBSTER RUSHESHA (as legal guardian of Panashe Rushesha and Tivonge Rushesha) and RASAR INVESTMENTS (PVT) LTD vs ALEXIOUS DERA and ZIMCOR TRUSTEES LTD and FRANK BUYANGA and BOKA INVESTMENTS (PVT) LTD and MATTHEW BOKA and REGISTRAR OF DEEDS
Ruled By: ZHOU J

This is an action instituted by the plaintiff claiming the following relief which is set out in the summons:“1. An order declaring that:(i) The purported sale between first and second defendants for the sale of 100% shareholding in second plaintiff, on or about 12th February 2009, and all actions flowing ...
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HH184-15 : ANDREW CRANSWICK vs RETIRED MAJOR GENERAL HAPPYTON BONYONGWE
Ruled By: ZHOU J

It is appropriate that costs be ordered to be in the cause since this application does not dispose of the real dispute between the parties….,. 1….,. 2….,. 3. Costs are to be in the cause.
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HB184-15 : JOSEPH MARSHAL STUART vs NATIONAL RAILWAYS OF ZIMBABWE
Ruled By: NDOU J

The defendant's application for absolution from the instance at the close of the plaintiff's case is dismissed with costs being costs in the cause.
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HH516-14 : CHEN WANG vs JOSEPH MANDIZHA and TAWANDA MAVHUNGA and TAFADZWA MAVHUNGA and DARNEL ENTERPRISES (PRIVATE) LIMITED
Ruled By: MATHONSI J

1….,. 2….,. 3. The costs of this application are reserved for determination in the main cause.
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HH258-15 : TETRAD HOLDINGS LIMITED and OTHERS vs NATIONAL SOCIAL SECURITY AUTHORITY and THE SHERIFF FOR ZIMBABWE N.O.
Ruled By: MAFUSIRE J

This was an urgent chamber application for a stay of execution.It was filed on 6 March 2015. It was brought to my chambers at 17:15 hours three days later, i.e. on 9 March 2015. There were eleven applicants. Their case was that on 6 March 2015, i.e. the date the ...
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SC01-10 : ZIMBABWE MINING DEVELOPMENT CORPORATION and MINERALS MARKETING CORPORATION OF ZIMBABWE vs AFRICAN CONSOLIDATED RESOURCES PLC and OTHERS
Ruled By: CHIDYAUSIKU CJ

The costs in this case will be costs in the cause.
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HH49-09 : DYNAMOS FOOTBALL CLUB (PRIVATE) LIMITED and DYNAMOS FOOTBALL CLUB vs RICHARD CHIMINYA and OTHERS
Ruled By: CHATUKUTA J

On the question of costs, the court can order costs against the applicant even where it has not dismissed the application as a sign of its displeasure: see HERBSTEIN and Van WINSEN..,. However, in Van Answegen and Another v Drotkskie and Anor 1964 (2) SA 391…, SMUT AJ stated ...
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HH147-16 : TATENDA MANDUNA vs ALLIANCE INSURANCE (PVT) LTD
Ruled By: MUSHORE J

1....,.2. Costs are to be costs in the cause.
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HH164-18 : TRUSTEES FOR THE TIME BEING OF TONGOGARA COMMUNITY SHARE OWNERSHIP TRUST vs MATRIX REALTY (PVT) LTD
Ruled By: MUREMBA J

1....,. 2....,. 3. Costs shall be in the cause.
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HH965-15 : CONPLANT TECHNOLOGY (PVT) LTD vs WENTSPRING INVESTMENTS (PVT) LTD
Ruled By: MAFUSIRE J

None of the parties addressed me on the question of costs. None of them sought them. Therefore, none shall be awarded....,.1....,. 2....,. 3. Costs shall be in the cause.
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HB09-15 : LEAST SUPPLIES (PVT) LTD t/a L.S. CELLULAR and L.S. CAPITAL vs T.I.B. INSURANCE BROKERS and HERITAGE INSURANCE COMPANY
Ruled By: TAKUVA J

1....,. 2....,. 3. Costs shall be in the cause.
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CC03-13 : DOUGLAS MUZANENHAMO vs OFFICER IN CHARGE CID LAW AND ORDER and OTHERS
Ruled By: CHIDYAUSIKU CJ, MALABA DCJ, ZIYAMBI JA, GARWE JA, GOWORA JA, PATEL JA, HLATSHWAYO JA, CHIWESHE AJA and GUVAVA AJA

1....,.2....,.3....,.4....,.5....,.6. The costs of this application shall be costs in the cause.
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HH309-15 : IRENE ZINDI vs ZIMBABWE FARMERS DEVELOPMENT COMPANY LIMITED
Ruled By: MWAYERA J

In the exercise of my discretion, I find no reason why costs should not be costs in the cause....,.1....,. 2....,. 3. Costs shall be in the cause.
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HH85-21 : JULIET KADUNGURE and ANDERSON KADUNGURE and NERIA KADUNGURE vs PATRICIA DARANGWA and MASTER OF THE HIGH COURT OF ZIMBABWE (N.O.)
Ruled By: CHIRAWU-MUGOMBA J

On costs, I do not see anything warranting the award of costs at this interim stage.
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HH412-21 : ZIMBABWE LEAF TOBACCO vs KEVIN COOKE
Ruled By: DUBE J

Accordingly, it is ordered as follows:1....,.2. Costs shall be in the cause.
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HB60-15 : JABULANI NCUBE vs INNOCENT NYATHI
Ruled By: MOYO J

On the issue of costs, I am of the view that, they should be in the cause.I accordingly make the following order:1....,.2....,.3. That the costs be in the cause.
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HH48-12 : ENOCK GOVHA vs ASHANTI GOLDFIELDS ZIMBABWE LIMITED t/a FREDA REBECCA MINE and ANOR
Ruled By: MATHONSI J

This is an application for rescission of a judgment of this court entered in default in favour of the first respondent on 26 June 2008 in terms of which the eviction of the applicant and those claiming occupation through him from premises known as 1495 Chiwaridzo Township Bindura was ordered ...
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HH128-06 : DOBROCK HOLDINGS (PVT) LTD and TURNER AND SONS (PVT) LTD vs TURNER AND SONS (PVT) LTD and ANTHONY TURNER and MARTIN KING and ZAMBEZI PADDLE STEAMER (PVT) LTD and DOBROCK (PVT) LTD
Ruled By: KUDYA J

As regards the liquidation claim, the costs will be determined on the return date.
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HMT53-19 : SHINGIRAI VAMBE vs RUSAPE TOWN COUNCIL
Ruled By: MWAYERA J and MUZENDA J

1....,.2....,.3....,.4. Costs to be in the cause.
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