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Citation and Joinder re: Legal Status of Litigants, Name Descriptions, Trade Names and the Principle of Legal Persona

SC01-X : CITY OF HARARE vs CINAMON
Ruled By: MCNALLY JA, MANYARARA JA and KORSAH JA

It is of the utmost importance that parties to legal proceedings should be correctly and unambiguously cited.
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HH164-09 : ZIMRE PROPERTY INVESTMENT (PVT) LTD vs CITY CALVARY CHURCH
Ruled By: GOWORA J

At the outset, I sought the views of counsel regarding the identity of the parties before me. Both assured me that even though the Deed of Settlement was in the name of City Calvary Fellowship Trust, the respondent, whose name was cited on the papers, was one and the same person as the Trust.
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HH34-10 : CHIRIGA ESTATES (PVT) LTD and MILRITE FARMING (PVT) LTD and SILVERTON ESTATES (PVT) LTD vs MINISTER OF LANDS AND RURAL RESETTLEMENT and MR E. PORUSINGAZI and EIGHT OTHERS
Ruled By: MUSAKWA J

There is the added handicap in respect of the citation of the second respondent. Mr. Drury cited the second respondent by his name, national registration number, as well as postal address. It is common cause that these particulars relate to Enos Porusingazi, the beneficiary of an offer letter relating to a portion of Stillfontein Farm. It is also ...
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HH73-10 : CHURCH OF THE PROVINCE OF CENTRAL AFRICA vs ELSON M JAKAZI and F MATAMBANADZO and J D NYAMUNDA and EIGHT OTHERS
Ruled By: MAKARAU JP

Regarding the eviction of the defendants sought by the plaintiff from the plaintiff's properties, it was averred that the properties occupied by the defendants were registered in the name of Diocese of Manicaland which is run by a Board of Trustees, and that failure to cite the Board of Trustees was fatal to the ...
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HH102-10 : OLD MUTUAL LIFE ASSURANCE COMPANY ZIMBABWE (PVT) LTD vs PETER RAFTOPOLOUS t/a SELECTIONS
Ruled By: MTSHIYA J

The plaintiff in casu remains as cited in the summons, namely, Old Mutual Life Assurance Company Limited. It is that plaintiff who, as far back a 6 May 2008, must have been aware of the predicament of CABS. The most that could, therefore, have happened was for the plaintiff's notice requiring the defendant to vacate ...
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HH17-11 : GRACE MAHACHI vs SMALLHOLDER MICRO-IRRIGATION DEVELOPMENT SUPPORT PROGRAMME (C/O MINISTRY OF FINANCE)
Ruled By: MUTEMA J

What can be gleaned from the papers is that the contract of employment was entered into on 3 November 2008 between the applicant as employee and the National Authorising Officer for the Smallholder Micro-Irrigation Development Support Programme, viz the Ministry of Finance as the employer. It is common cause that the Smallholder Micro-Irrigation Development Support ...
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HH17-11 : GRACE MAHACHI vs SMALLHOLDER MICRO-IRRIGATION DEVELOPMENT SUPPORT PROGRAMME (C/O MINISTRY OF FINANCE)
Ruled By: MUTEMA J

Order 39 Rule 328 clearly states that any process which names a wrong person as a party is invalid. In casu, a wrong respondent was named in the process of registering the arbitral award as well as in the writ of execution. Such a process is accordingly invalid. The foregoing are the reasons for the order/judgment ...
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HH21-11 : CHRIST EMBASSY ZIMBABWE vs CHIDZIVA INVESTMENTS (PVT) LTD
Ruled By: CHATUKUTA J

The applicant raised two main issues regarding whether or not it has a bona fide defence to the claim and therefore the application for rescission is not intended to harass the respondent and delay the inevitable. It firstly contended that it was wrongly cited in case no. HC3672/09. It was cited as Christ Embassy Church instead ...
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HH58-13 : NATIONAL CONSTITUTIONAL ASSEMBLY and LOVEMORE MADHUKU vs THE PRESIDENT OF THE REPUBLIC OF ZIMBABWE N.O. and THE CHAIRPERSON / ACTING CHAIRPERSON OF THE ZIMBABWE ELECTION COMMISSION N.O.
Ruled By: CHIWESHE JP

The first applicant, a common law universitas, was formed in 1997. Its stated mission is to push for a new, democratic and people driven Constitution in Zimbabwe.
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HH366-13 : MURENGA CHIKWAMBA vs MATIUS MUKUNGA and LAZARUS MUKUNGA and MINISTER OF LOCAL GOVERNMENT PUBLIC WORKS AND URBAN DEVELOPMEMNT and DISTRICT ADMINISTRATOR SHAMVA
Ruled By: MATHONSI J

Counsel for the third and fourth respondents also took the point that the citation of the third respondent is defective in that it is not a legal persona. I agree that the proper person to be cited is the Minister of Local Government and not the Ministry. I am, however, of the view that the ...
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HH310-14 : DEPUTY SHERIFF, KAROI vs EDWARD CHIGANGO and 55 OTHERS and FRESH BAKERY, KAROI and DAVID GOVERE
Ruled By: TSANGA J

An application to amend the citation of David Govere was made by the applicant. With regards to incorrectly cited parties, case law and legal authorities are clear that such amendments are permissible. As HERBSTEIN and VAN WINSEN, The Civil Practice of the High Courts and the Supreme Court of Appeal of South Africa, Volume ...
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HH319-14 : GLOAR DESIGN TEAM vs ZIMBABWE NATIONAL ROAD AUTHORITY (ZINARA)
Ruled By: MTSHIYA J

Under paragraph 1 of its declaration, the plaintiff went on to describe itself as follows:- “1. The plaintiff is a company duly incorporated in terms of the laws of the Republic operating and carrying on business from the 6th Floor, Hungwe House, Suit 605, Jason Moyo Avenue, Harare, but for whose address for service for purpose ...
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HB38-14 : KUMBIRAI RUGUVA vs STAR LOTTO ZIMBABWE (PVT) LTD
Ruled By: MOYO J

The respondent raised a point in limine to the effect that the respondent company is “Star Lotto Zimbabwe (Pvt) Ltd” and not “Star Lotto (Pvt) Ltd” as originally cited by the applicant in this application. The respondent contends that there is no respondent before this court hence the application should be dismissed….,. Of concern, however, in this ...
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HB38-14 : KUMBIRAI RUGUVA vs STAR LOTTO ZIMBABWE (PVT) LTD
Ruled By: MOYO J

The applicant, after learning of the mis-description of the respondent, filed an amendment prior to the hearing of this matter….,. I am persuaded by GOWORA J's findings in Old Mutual Asset Management (Pvt) Ltd v F R Travel Tours and Car Sales HH53-07 wherein she stated thus:- “It is trite that an amendment, even where it ...
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HB108-14 : ELIPHAS KAWA vs VICTOR MUZENDA and THE ASSISTANT MASTER OF THE HIGH COURT and THE REGISTRAR OF DEEDS and VICTOR MUZENDA N.O. and ZEXCOM (PVT) LTD
Ruled By: TAKUVA J

In respect of the improper citation, my view is that it was cured by the amendment in accordance with Rule 87(1) and (2)(b) of this Court's rules. The effect of the amendment is to join the first respondent in his official capacity as the fourth respondent and ZEXCOM (Pvt) Ltd becomes the fifth respondent. Linked to ...
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Appealed
SC74-14 : SUPERBAKE BAKERIES (PRIVATE) LIMITED vs RUMTOWERS SECURITY (PRIVATE) LIMITED
Ruled By: GWAUNZA JA, GARWE JA and GUVAVA JA

On the first issue, I am of the view that the court a quo improperly relied on Rule 8C of the High Court Rules for its decision that the appellant, as cited, had the requisite locus standi. Rule 8C provides as follows: “Subject to this Order, a person carrying on the business in a name or style ...
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SC37-16 : MARANGE RESOURCES (PVY) LTD vs CORE MINING & MINERALS PL (IN LIQUIDATION), MOSES CHINHENGO (RETIRED JUDGE) N.O., PRESIDENT, LAW SOCIETY OF ZIMBABWE N.O., ATTORNEY GENERAL OF ZIMBABWE N.O.
Ruled By: MALABA DCJ, HLATSWAYO JA and GUVAVA JA

The need for the proper citation of parties is highlighted in, CILLIERS A.C. et al in HERBSTEIN VAN WINSEN's The Civil Practice of the High Courts of South Africa, 5th ed, vol.1…, as follows: “Before one cites a party in a summons or in application proceedings, it is important to consider whether the party ...
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HH329-13 : RICHARD JAMBO vs CHURCH OF THE PROVINCE OF CENTRAL AFRICA and ANGLICAN DIOCESE OF MASVINGO and THE DEPUTY SHERIFF CHIVHU N.O.
Ruled By: GUVAVA J

Finally, counsel for the respondents submitted that the second respondent should not have been cited as a party as it is not a persona but a geographical area….,. 3. Wrong citation of the 2nd Respondent It was also submitted on behalf of the respondents that the second respondent should not have been cited as a party ...
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HB87-16 : COLD STORAGE COMPANY LTD vs ADDITIONAL SHERIFF OF THE HIGH COURT – E.M. MAGARA N.O. and HOLLANDS REAL ESTATE and AHMED ESAT and TREVOR AND TALENT and REGISTRAR OF DEEDS
Ruled By: MAKONESE J

Before I conclude, I am constrained to deal with a matter which arose from this application concerning the citation of parties. The second respondent in this matter has been referred to as Jacob Mafusire and Others. There is no such party known as 'Jacob Mafusire and Others.' It is a basic principle of law ...
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HH470-14 : GUTA RAMWARI vs CHARLES WADUKA and TAPIWA ZINGWE and MARSHALL DHLIWAYO
Ruled By: MATHONSI J

Rule 8A of the High Court Rules allows a party to be cited by its trading name.
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CC03-18 : ZIMBABWE DEVELOPMENT PARTY and VOICE OF THE PEOPLE vs PRESIDENT OF THE REPUBLIC OF ZIMBABWE and SPEAKER OF PARLIAMENT and CHAIRPERSON – ZIMBABWE ELECTORAL COMMISSION
Ruled By: MALABA CJ

The second respondent opposed the application on the basis that he is incorrectly cited. He averred that the Constitution creates the office of the Speaker of the National Assembly and not the “Speaker of Parliament.” On this ground, the second respondent contended that the applicants were non-suited. The second respondent also raised a point relating to the non-joinder of the ...
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HH791-15 : NUVERT TRADING (PRIVATE) LIMITED t/a TRIPLE TEE FOOTWEAR vs HWANGE COLLIERY COMPANY
Ruled By: MATHONSI J

On 16 January 2013, the applicant issued summons in which it cited the defendant as “Hwange Colliery Company”, for payment of $59,590=13 plus interest at the prescribed rate and collection commission being the purchase price of safety shoes allegedly supplied at the instance of that entity. The face of the summons is defective in that it does ...
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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

I agree with counsel for the first and second respondents that you do not correct a citation in an application by correctly citing the parties in subsequent papers.
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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

In terms of Order 2A Rule 8 of the Rules of this Court, associates may sue or be sued in the name of their association. In terms of Rule 7, “association” includes a Trust. “Associate”, in relation to a Trust, means a trustee.
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HH217-17 : NAISON SEKERAMAYI and OTHERS vs MASTER OF HIGH COURT and PROVINCIAL MAGISTRATE, HARARE and EASTER DZWOWA and YARADZO MUNANGATI MANONGWA (Executrix Dative in Estate Lovemore Sekeramayi)
Ruled By: ZHOU J

The fifth respondent…, proceeded to register the same estate of the deceased in the Magistrates Court under DRH1009/14….,. What is apparent is that the matter ended up before a Magistrate, B. Pabwe, on 1 October 2014. The parties in that matter are stated as “Estate Late” being the applicant and “Lovemore Chipunza Sekeramayi” as the respondent. It is difficult ...
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HMA13-18 : JONATHAN CHIKUKWA vs BEAUTY and GAME DOLLAR
Ruled By: MAWADZE J

The first respondent in the matter is cited just as “BEAUTY” and described as a waiter employed by the second respondent. The second respondent is cited as “GAME DOLLAR” or “GAME DOLLAR RESTAURANT”. The applicant believes the second respondent is a body corporate described as a registered company.
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HH572-14 : GLADYS MACHAWIRA vs PG INDUSTRIES (PRIVATE) LIMITED
Ruled By: MAFUSIRE J

This was an opposed court application that I heard on 16 September 2013. Soon after argument I issued the following order: “1. The Respondent's objections in limine are dismissed. 2. The Applicant's application to delete “(Private)” in the name of the Respondent [and] in its place to substitute “(Zimbabwe)” is granted. 3. It is hereby declared that the Applicant is ...
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HH223-15 : ZIMBABWE SUGAR MILLING INDUSTRY WORKERS UNION (ZSMIWU) vs ALFRED MAKWARIMBA and KENNIAS SHAMUYARIRA and ELIAS MADZIVA and FREEDOM MUDUNGWE and OTHERS
Ruled By: MANGOTA J

The applicant represents workers in the sugar industry. It allegedly carries a membership of 16,000 workers. It is an affiliate of the Zimbabwe Federation of Trade Unions…,.The National Executive Committee is the applicant's governing body. The committee manages the affairs of the applicant. Its elected office bearers comprise:(a) The President;(b) ...
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HH430-12 : ZIMSEC EMPLOYEES vs ZIMSEC
Ruled By: KUDYA J

This matter raises issues that have been canvassed in such cases as Benson Samudzimu v Dairibord Holdings (Pvt) Ltd HH204-10; Sibangilizwe Dhlodhlo v Deputy Sheriff of Marondera Ors HH76-11; Ericson Mvududu v Agricultural and Development Authority HH286-11; and Gaylord Baudi v Kenmark Builders (Pvt) Ltd HH04-12.In the present ...
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HH396-18 : NELSON MAUREDE AND 16 OTHERS vs TREGER PRODUCTS (PVT) LTD
Ruled By: MANGOTA J

I dealt with this application on 19 February 2018. I delivered an ex tempore judgment in which I dismissed it with costs.On 8 May 2018 the applicant addressed a letter to the High Court Registrar. It did so through its current legal practitioners. It requested for reasons for my decision. ...
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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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CC04-20 : INNOCENT GONESE and JESSIE MAJOME vs PARLIAMENT OF ZIMBABWE and SPEAKER OF THE NATIONAL ASSEMBLY and PRESIDENT OF THE SENATE and EMMERSON MNANGAGWA N.O. and PRESIDENT OF ZIMBABWE
Ruled By: MALABA CJ, GWAUNZA JCC, GARWE JCC, GOWORA JCC, HLATSHWAYO JCC, PATEL JCC, GUVAVA JCC, MAVANGIRA JCC and BHUNU JCC

The two applicants are Members of Parliament. They brought two separate applications in terms of section 167(2)(d) of the Constitution of Zimbabwe Amendment (No.20) 2013 (“the Constitution”), as read with Rule 27 of the Constitutional Court Rules.They alleged failure by Parliament to fulfil the constitutional obligation to act in accordance ...
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Appealed
SC14-21 : MAXWELL SIBANDA vs ZAMBE NYIKA GWASIRA and NZ INDUSTRIAL and MINING SUPPLIES and REGISTRAR OF DEEDS and SHERIFF OF ZIMBABWE
Ruled By: GOWORA JA, GUVAVA JA and BHUNU JA

THE FACTSOn 13 July 2011, under Case No HC6750/11, the appellant caused summons to be issued out of the High Court against NZ Industrial and Mining Supplies as defendant to the suit. In the summons he claimed the following relief:(a) A declaration that the parties did enter into a valid ...
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Appealed
SC22-22 : EZEKIEL CHINOINGIRA vs SABRE SERVICES (PVT) LTD and BALWEARIE HOLDINGS (PVT) LTD
Ruled By: BHUNU JA, CHIWESHE JA and MWAYERA JA

At the conclusion of submissions by counsel, the Court delivered a unanimous ex-tempore judgment. Counsel for the first respondent has now requested written reasons for the ex tempore judgement.It was couched as follows:“We hereby present the unanimous decision of the court.(a) This is an appeal against the whole judgment of ...
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HH480-21 : EZEKIEL CHINOINGIRA vs BALWEARE HOLDINGS (PVT) LTD and SABRE SERVICES (PVT) LTD
Ruled By: MUCHAWA J

This is an urgent chamber application in which the interim relief sought is that the first respondent be barred and interdicted from evicting the applicant from a certain farm known as “the remainder of Westhey, Sabonabon Estate, Kadoma arbitrarily without a court order.As a final order, it is prayed that ...
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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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SC61-21 : COSMA CHIANGWA vs DAVID KATERERE and ROBERT CAMPBELL LOGAN and ISRAEL GUMUNYU and REGISTRAR OF DEEDS and EDMOND CHIVHINGE and MASTER OF THE HIGH COURT
Ruled By: BHUNU JA, MATHONSI JA and CHITAKUNYE AJA

It is trite that an executor/executrix is the recognized legal representative of a deceased estate. He/she is appointed to administer the estate and to ensure the estate is properly wound up with all assets and liabilities being accounted for.In this regard, section 23 of the Administration of Estates Act [Chapter ...
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Appealed
SC63-21 : GATEWAY PRIMARY SCHOOL and KM RICQUEBOURG N.O. and GATEWAY PRIMARY SCHOOL PARENTS ASSOCIATION vs MARINDA FENESEY and THE SHERIFF OF ZIMBABWE
Ruled By: HLATSHWAYO JA, GUVAVA JA and BHUNU JA

The first appellant is a primary school whereas the second appellant is its headmaster and overall administrator. The third appellant is the School's Parents Association capable of suing and being sued in its own name.
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SC78-21 : ZIMBABWE HOMELESS PEOPLES FEDERATION and OTHERS vs MINISTER OF LOCAL GOVERNMENT AND NATIONAL HOUSING and OTHERS
Ruled By: GARWE JA, MAVANGIRA JA and MATHONSI JA

The first appellant, the Zimbabwe Homeless Peoples Federation, is a universitas at law with an active membership said to be ten thousand homeless people who contribute and pool their resources together for the purpose of achieving and attaining the goal for housing for poor homeless people. The second appellant, Tawonga ...
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SC105-21 : WALTER MAGAYA vs ZIMBABWE GENDER COMMISSION
Ruled By: GOWORA JA, PATEL JA and UCHENA JA

The appellant is a clergyman of the Prophetic Healing and Deliverance Ministries, commonly known as the PHD Ministries. The respondent is the Zimbabwe Gender Commission (“the Commission”), an independent commission provided for in accordance with section 245 of the Constitution and established as a body corporate in terms of section ...
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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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Appealed
SC110-21 : UPSET INVESTMENTS (PRIVATE) LIMITED vs CHITUNGWIZA MUNICIPALITY
Ruled By: GARWE JA, HLATSHWAYO JA and BHUNU JA

The respondent is a Municipal Council duly constituted as such in terms of the Urban Councils Act [Chapter 29:15].
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HB32-15 : ANDREW NDLOVU and CHIHWA TOURS vs THEMBINKOSI SIBINDI
Ruled By: MUTEMA J and MOYO J

By the time the appeal was heard, on 2 February 2015, the respondent had, on 15 January 2015, filed a document headed “CONSENT TO JUDGMENT” wherein he indicated that he was consenting to the order sought in the appeal.We allowed the appeal in terms of the consent and indicated that ...
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SC141-21 : WISE GARIRA and SHEPHARD MASHINGAIDZE and BAYAI BAYAI vs NATIONAL ENGINEERING WORKERS UNION and FIRST CAPITAL BANK
Ruled By: GUVAVA JA, BHUNU JA and KUDYA AJA

This is an appeal against the whole judgment of the High Court (the court a quo) which ordered the removal of the three appellants from being signatories to the first respondent's Bank account with the second respondent.The appeal is opposed by the first respondent....,.The first respondent is a duly registered ...
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HB44-15 : RAILWAYS ARTISAN UNIONS vs NATIONAL RAILWAYS OF ZIMBABWE and OTHERS
Ruled By: TAKUVA J

This is an application for confirmation of a provisional order issued by the Honourable Mr Justice Kamocha on the 31st day of October 2013.The applicant is a registered trade union representing the artisans employed by the first respondent. It has capacity to sue and be sued in its own name.
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HH391-17 : ANDREW PASCOE vs MINISTRY OF LANDS & RURAL RESETTLEMENT and W. BUNGU and THE ATTORNEY GENERAL N.O.
Ruled By: FOROMA J

This is an urgent chamber application in terms of which the applicant seeks the following relief as set out in the provisional order:“TERMS OF FINAL ORDER SOUGHTThat you show cause to this Honourable Court why a final order should not be made in the following terms:1. That, it be and ...
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HH823-15 : AT INTERNATIONAL LTD vs ZIMBABWE REVENUE AUTHORITY
Ruled By: KUDYA J

The respondent is a body corporate responsible for the collection, amongst other imposts, of value added tax in Zimbabwe.
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