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Proof of Service, Return of Service, Address and Manner of Service re: Personal Service Proceedings

HB17-12 : MATILDA NAKAI MATHE vs NYAMBE MATHE
Ruled By: NDOU J

The issue here is whether the plaintiff complied with Order 35 Rule 272(1) of the High Court Rules, 1971.The salient facts are the following:The plaintiff issued out, at this court, summons incorporating a declaration on 10 June 2011. The summons, together with the plaintiff's declaration, were served on the defendant ...
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HH32-09 : MAFOSHORO FARM (PVT) LTD vs HURBERT NYANHONGO and TENDAI MBEREKO
Ruled By: CHITAKUNYE J

The applicant is a company with limited liability which purports to own all agricultural equipment and implements and runs farming operations at ELDORADO OF GWINDINGWI commonly known as MAFOSHORO FARM (PVT) LTD.The first respondent is a beneficiary of land wherein he was offered the “whole of Eldorado of Gwindingwi in ...
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HH66-12 : OTILIAH ZULU vs EZRA ZULU
Ruled By: MAWADZE J

This is an opposed application for rescission of an order of divorce granted by this court on 19 May 2011 in case No. HC3037/10. The order sought by the applicant is couched in the following terms; “IT IS ORDERED 1. That the judgment that was issued in default of filing of a plea by the applicant in case Number ...
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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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HH32-12 : ZELLCO CELLULLAR PL vs NETONE CELLULLAR PL and DR CALLISTUS NDLOVU and REWARD KANGAI and LYNDON NKOMO
Ruled By: GOWORA J

On 13 April 2011, under Case No. HC3507/11, PATEL J granted a provisional order in the following terms;“INTERIM RELIEF GRANTEDPending the determination of this matter, the applicant is granted the following interim relief;1. The decision of the Respondent to cancel the Service Provider Agreement be and is hereby declared unlawful ...
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HH05-09 : MARION LYNDA RALPH vs CHRISTIAN VAN VUUREN
Ruled By: KUDYA J

The applicant seeks appointment as the sole guardian of the minor child, Roxanne Chantal Van Vuuren, born 1 December 1994. She is the mother of the child.Her marriage to the girl's father was terminated by consent by order of this Court on 7 August 2002 in case number HC2367/2002. The ...
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HH46-08 : PATRICK CHABVAMUPERU and OHERS vs EDMOND JACOB and OTHERS
Ruled By: MAKARAU JP

The hearing of argument on the preliminary points arising from this election petition was consolidated with hearings in seven other cases as the issues raised in all eight petitions were similar to a large extent and may very well call for the application of the same legal principle.In three of ...
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HH94-09 : MATANDA (PRIVATE) LIMITED vs ONIAS GOTORE
Ruled By: MAKONI J

On 3 October 2007, this court granted a provisional order in favour of the applicant. The litigants were not present but were represented by counsel.On 23 November 2007, the applicant instituted the present proceedings for contempt of court.The applicant avers that the respondent has defied the provisional order. He was ...
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HH82-11 : ITAYI UDOH (NEE PATINDONGA) vs THE PRINCIPAL CHIEF IMMIGRATION OFFICER and THE CO-MINISTERS OF HOME AFFAIRS
Ruled By: MAVANGIRA J

I am, however, of the view that the final relief sought in the Provisional Order sought cannot be granted. Rule 39(1) of the Rules of this Court, requires personal service of process in relation to a claim for an order affecting the liberty of a person, on such person. The Rule has not ...
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HH345-13 : CHAMUNORWA MUTYAMBIZI vs JOSE MASELINO GONCALVES and ANOR and THE SHERIFF OF ZIMBABWE N.O.
Ruled By: DUBE J

This is an application for an order for contempt of court against the first respondent. The terms of the order sought are as follows;“TERMS OF THE ORDER SOUGHTIT IS DECLARED THAT:1. The 1st respondent is guilty of contempt of court of the order of this honourable court granted under case ...
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Appealed
SC08-14 : SIMBA MUKAMBIRWA and OTHERS vs THE GOSPEL OF GOD CHURCH INTERNATIONAL 1932
Ruled By: GARWE JA, GOWORA JA and OMERJEE AJA

The respondent in this case, the Gospel of God Church International 1932 (hereinafter referred to as “the Church”) was founded by one Johane Marange in 1932.Since it was founded, the Church has spread to a large portion of the continent. Its headquarters are located in Zimbabwe. The founder is buried ...
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HH115-09 : GIBSON CHAMBOKO and MR CHAMBOKO SNR and CHANCE RWODZI vs PATRICK STOOKS and P J STOOKS (PVT) LTD
Ruled By: MAKONI J

Our Rules provide for personal service in relation to a claim for an order affecting the liberty of the person only.
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HH04-10 : MYDALE INTERNATIONAL MARKETING (PVT) LTD vs DR ROB KELLY and HAMMER AND TONGUES (PVT) LTD
Ruled By: GOWORA J

The first respondent herein had, under Case No. HC1049/09, instituted proceedings against the applicant and second respondent herein. On 30 March 2009, OMERJEE J issued an order as follows:“IT IS ORDERED THAT:1. Mydale International Marketing (Pvt) Ltd is entitled to receive from the second respondent and have in its custody ...
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HH551-15 : W AND D CONSULTANTS (PRIVATE) LIMITED vs SEAN THOMAS NIELSON DORAN
Ruled By: DUBE J

Our courts have held that a husband and wife hold a uniquely special relationship and that they normally have a common interest and household: see Warren Park Trust v Antony Ernest Pahwaringira and Others HH39-09 and Masiyiwa Cleopas Gonye v Stella Mavis Gonye SC15-09.
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View Appeal
HH220-11 : THE GOSPEL OF GOD CHURCH INTERNATIONAL 1932 vs SIMBA MUKAMBIRWA and OTHERS
Ruled By: MAVANGIRA J

These two matters were heard at the same time for the purposes of convenience.In the first matter, HC5403/09, the applicant seeks rescission of an order issued by this court on 28 October 2009 in HC4101/09.In the second matter, HC976/10, the applicants seek an order be found to be in contempt ...
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HH710-16 : TENDAI MANGWIRO vs DR IGNATIUS CHOMBO
Ruled By: TSANGA J

A court application for contempt of court was brought before me on 9 November 2016 in motion court. I granted the application and herein I give my reasons for so doing against the backdrop of a brief narrative of the history of the matter which puts the order in context.Contextual ...
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