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Proof of Service, Return of Service, Address and Manner of Service re: Contractual Service and the Domicilium Citandi

Appealed
HB59-09 : DINESH MANILAL NARAN vs RONNAH MAFURIRANO and THE REGISTRAR OF DEEDS
Ruled By: KAMOCHA J

The plaintiff in this matter seeks:-“1. An order to declare that the sale agreement executed between him and first defendant on the 30th of September 2001 on Stand 378, Gorebridge Road, Killarney, Bulawayo is still binding and effectual as between the parties;2. An order to compel the first defendant to ...
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HH32-13 : WASHMATE MOTORS CENTRE (PRIVATE) LIMITED vs CITY OF HARARE
Ruled By: MATHONSI J

I have stated that the letter was addressed to the business premises of the applicant and not the domicilium citandi et executandi given in the expired lease agreement, which the applicant contends was not proper service in terms of the agreement. The applicant further argues that the letter was not served at all. I have ...
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Appealed
HH78-13 : PATRICIA MANDALA vs GLENS REMOVALS & STORAGE ZIMBABWE (PRIVATE) LIMITED
Ruled By: BERE J

The parties were not in agreement on virtually all the issues they testified on and in particular as to the alleged arrears at the time of the sale of the plaintiff's property. The defendant, through its representative, put the figure for arrears at Z$1,152,850=35 but could not provide a satisfactory explanation as to how ...
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HH31-14 : RIOZIM LIMITED vs AFRICAN EXPORT-IMPORT BANK
Ruled By: CHIGUMBA J

The respondent disputed the validity of the argument that the parties agreed that any legal proceedings were to be served on the applicant at the chosen address in England, submitting instead that the English address was for purposes of service of process, only in the event that the respondent had elected to institute proceedings in ...
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Appealed
SC55-16 : GOLDEN REEF MINING (PRIVATE) LIMITED and FERBITT INVESTMENTS (PRIVATE) LIMITED vs MNJIYA CONSULTING ENGINEERS (PTY) LIMITED
Ruled By: MALABA DCJ, GOWORA JA and BHUNU JA

REASONABLE EXPLANATION FOR THE DELAY It is common cause that the summons was served at 15 Harrow Avenue, Avondale, Harare. The appellants argued, in the court a quo, that they did not see the summons hence their default. To see whether or not there was proper service, regard must be had to the clauses in ...
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SC08-17 : JOYCE MUZANENHAMO vs FISHTOWN INVESTMENTS (PRIVATE) LIMITED and CALENDFEB (PRIVATE) LIMITED and BERTHA MUZANENHAMO and THE SHERIFF OF THE HIGH COURT OF ZIMBABWE
Ruled By: MALABA DCJ, GOWORA JA and MAVANGIRA JA

At law, delivery of any legal notice or document by the other party at the address chosen is considered to be sufficient service and the party who would have chosen the address is deemed to have received the legal notice or document. The party whose domicilium citandi et executandi is the given address ...
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HH680-15 : GOLDEN REEF MINING (PRIVATE) LIMITED and FERBIT INVESTMENTS (PRIVATE) LIMITED vs MNJIYA CONSULTING ENGINEERS (PRIVATE) LIMITED
Ruled By: TAGU J

The circumstances are that the second applicant, Ferbit Investments (Pvt) Ltd (hereinafter referred to as FI), is a subsidiary of the first applicant, Golden Reef Mining (Pvt) Ltd (hereinafter referred to as GRM), in whose name some chrome claims are registered. On 11 March 2011, both applicants and the respondent, Mnjiya Consulting Engineers (Pvt) ...
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HH535-15 : BLESSMORE CHANAKIRA vs SHEPHERD MALCOM N.O. and REGISTRAR OF DEEDS and PHIL RUSCH
Ruled By: NDEWERE J

The plaintiff claimed not to have seen the notice. However, since the notice was sent to his domicilium, in terms of the Agreement, the notice was validly given. Clause 9.2 of the Agreement of Sale provides as follows: “All notices required to be given in terms of this agreement and all process shall be deemed to have been ...
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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

Clause 16(b) of the Agreement of Sale read: “Any notice to be given by either party in terms of this Agreement shall be in writing and addressed to the other party at its domicilium citandi et executandi chosen in paragraph (a) hereof or such alternative address in Zimbabwe as that party may from time to time specify ...
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HH184-15 : ANDREW CRANSWICK vs RETIRED MAJOR GENERAL HAPPYTON BONYONGWE
Ruled By: ZHOU J

The applicant's explanation for his default is that he was not aware of the date of the set down. The Notice of Set Down was not served upon him. It was served at an address in the United Kingdom at which he did not reside. That address was stated as his last known address ...
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Appealed
HH307-16 : ASSWELL GURUPIRA and JEAN GURUPIRA vs EARTHMOVING & CONSTRUCTION COMPANY PL and SANDRA MUIR and THE REGISTRAR OF DEEDS and THE SHERIFF and THE DEPUTY SHERIFF and JOHN LEGGATTE
Ruled By: MAKONI J

The present application was filed on 7 March 2008 and has raged on with various twists and turns, culminating in the hearing before me. The background facts are that, on 25 May 2007, the applicants (the Gurupiras) and the second respondent (Muir) entered into an agreement whereby Muir sold to the Gurupiras two (2) issued shares ...
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SC85-20 : JOHN LEGGETT and EARTHMOVING AND CONSTRUCTION COMPANY PL vs ASSWEL GURUPIRA and JEAN GURUPIRA and SANDRA MUIR and THE REGISTRAR OF DEEDS and THE SHERIFF and THE DEPUTY SHERIFF
Ruled By: GWAUNZA DCJ, GOWORA JA and PATEL JA

This is an appeal against a judgment of the High Court handed down on 18 May 2016. BACKGROUND FACTS The facts which gave rise to this appeal are somewhat convoluted. Earthmoving Construction Company (Private) Limited, the second appellant (hereinafter referred to as “the Company”), is a private limited company duly registered as such under the laws of Zimbabwe. The Company ...
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HH39-09 : WARREN PARK TRUST vs ANTHONY PAHWARINGIRA and NTOMBIZODWA PAHWARINGIRA and DAVY MUTINGWENDE and CHIPO MUTINGWENDE and SALTANA ENTERPRISES PL
Ruled By: BHUNU J

Our law requires not only that the notice to cancel be properly delivered but also proof that it was in fact received by the other party: see Cohen and Another v Lench 2007 (6) SA 132.Thus, in the absence of any averments that the alleged notice was properly served and ...
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SC163-21 : TENDAYI WASHAYA and CHIPO WASHAYA vs MAKEBREAK TRADING (PVT) LTD and THE SHERIFF OF THE HIGH COURT (N.O.) and THE REGISTRAR OF DEEDS
Ruled By: MALABA CJ, UCHENA JA and CHIWESHE AJA

This is an appeal against the whole judgment of the High Court (“the court a quo”) holding that the first respondent had complied with the provisions of the Contractual Penalties Act [Chapter 8:04] (“the Contractual Penalties Act”) in sending a notice of cancellation of an agreement to the appellants by ...
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HB37-15 : LAWRENCE CLEMINSON vs BRIAN SHER and RUEBEN POSWELL (as executor in the Estate Late Sally Lieber also known as Sally Zella Lieber)
Ruled By: MUTEMA J

Order 7 Rule 50 of the High Court Rules 1971 provides that a defendant who has failed to enter appearance shall be deemed to be barred.In case number HC1508/14 the respondents issued summons against the applicant on 2 July 2014 claiming arrear rentals and eviction as a result of breach ...
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