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Interim Interdict or Final Order re: Relief Conflicting with Statutes, Extant Court Orders & Prima Facie Lawful Conduct

HH181-12 : JENNIFER NYAMAKURA vs AGRIPPA MUZENGI
Ruled By: CHITAKUNYE J and MAWADZE J

This is an appeal against the judgment of the Harare Magistrates Court delivered on 17 February 2010 in which the court a quo granted the following order:-“Custody of the two minor children is hereby awarded to the respondent with the appellant having reasonably access.”The facts giving rise to this appeal ...
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SC13-11 : MATTHEW MBUNDIRE vs TYRONE SIM BUTTRESS
Ruled By: ZIYAMBI JA, GARWE JA and CHEDA AJA

At the conclusion of the hearing of this matter in the High Court, the court, inter alia, granted absolution from the instance in respect of the appellant's claim for general damages, future expenses, and replacement value for his motor vehicle.It is only against that portion of the judgment that the ...
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HH18-12 : PIONEER TRANSPORT (PVT) LTD vs DELTA CORPORATION LTD and DAVID LESLIE CRUTTEDEN
Ruled By: GOWORA J

On 1 January 2003, the applicant and the first respondent executed an agreement for the “supply of primary beverage transport services.”In terms of clause 8 of the agreement, the first respondent, Delta, appointed the services of the applicant, Pioneer, to distribute and deliver products on its behalf to various destinations.In ...
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HH07-08 : BERLY LYNN SURTEE vs MAHOMMED HASSIN SURTEE
Ruled By: MAKARAU JP and MAVANGIRA J

In..., the court relied on the ordinary rule of law that an order made by a court cannot (except by way of appeal or review in a higher court) be varied except by the court itself. The issue takes on a broader jurispudential dimension as it deals with the relationship between two courts both ...
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HH16-09 : RICHARD ETHEREDGE vs THE MINISTER OF STATE FOR NATIONAL SECURITY RESPONSIBLE FOR LANDS, LAND REFORM AND RESETTLEMENT and SENATOR EDNA MADZONGWE
Ruled By: GOWORA J

However, it is trite that, in spoliation proceedings, the court should not enquire into the lawfulness or otherwise of the possession of the applicant in the subject matter of the application. The applicant has referred this