Law Portal
Zimbabwe

Welcome To Law Portal

Welcome, Guest!
[Help?]

Founding, Opposing, Supporting and Answering Affidavits re: Deponent, Representative Authority & Affidavit of Collegiality

HH25-08 : ZIMBABWE DEVELOPMENT BANK and INTERNATIONAL FINANCE CORPORATION vs DAVID SCOTT and OTHERS
Ruled By: GOWORA J

The applicants have jointly approached this court for an order in the following terms:“That the confirmation of the liquidation and distribution account by the third respondent, in respect of Shagelok Chemicals (Private) Limited (in liquidation), be and is hereby set aside.That the third respondent be and is hereby directed to ...
More

HH59-09 : TRUST CORPORATION SECURITIES (PRIVATE) LIMITED vs L.M. GABILO and DEVORGILLE KATSANZA
Ruled By: UCHENA J

The applicant is a company duly registered in terms of the laws of Zimbabwe. The second respondent is its employee with whom it has had labour disputes leading to this application.The second respondent was suspended from employment pending the resolution of the dispute between her and her employer.The first respondent ...
More

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 ...
More

HB02-12 : MUNICIPALITY OF VICTORIA FALLS vs LOIDA NYATHI and 11 OTHERS
Ruled By: NDOU J

These are twelve cases, which were consolidated into two matters, which were heard at the same time.For easy reference, the one matter involved what may be called the ZimSun houses (five (5) defendants under HC2224/08). The five defendants being Alice Ndlovu, Sivumo Ndlovu, Kambarachi Zex Raura, Freda Khumalo and Simolita ...
More

HH13-12 : YVONNE CHISESE vs ALLUVIAL EXPLORATION SERVICES (PRIVATE) LIMITED
Ruled By: MAVANGIRA J

The respondent also raised the issue that the applicant's legal practitioner, who swore to the founding affidavit, had no proper authority to do so. In its opposing affidavit, the respondent contends that this is because the legal practitioner had not been granted power of attorney to that effect. However, in heads of argument, it is contended ...
More

HH56-12 : ELIAS KASEKE and WAFAWANAKA KUCHERA and SIBUSISO NCUBE vs MASTER OF THE HIGH COURT and MAVIS CHIZENGENI (as Executrix Dative of Estate Late Jessie Zengeya)
Ruled By: MAWADZE J

This is a chamber application in which the first applicant seeks an order in the following terms:“IT IS ORDERED THAT:1. Case Number HC5867/10 be and is hereby dismissed for want of prosecution; and2. The plaintiff be and is hereby ordered to pay costs of suit.”There is need to set out ...
More

HH49-09 : DYNAMOS FOOTBALL CLUB (PRIVATE) LIMITED and DYNAMOS FOOTBALL CLUB vs RICHARD CHIMINYA and OTHERS
Ruled By: CHATUKUTA J

This is an opposed application in which the applicant sought the following relief, that:“1. The affairs of the Second Applicant shall be run by the Board of Directors of the First Applicant.2. The Ninth Respondent (the Premier Soccer League) shall forthwith recognize any person appointed by the First Applicant and ...
More

HH37-09 : CENTRAL AFRICAN BUILDING CONSTRUCTION COMPANY (PVT) LTD vs CONSTRUCTION RESOURCES AFRICA (PVT) LTD AND THREE OTHERS
Ruled By: CHATUKUTA J

Counsel for the applicant deposed to the founding affidavit in his capacity as the Director of the applicant. The second point raised in limine is that counsel for the plaintiff is not a Director of the applicant and does not have the authority to institute these proceedings on behalf of the applicant. It was contended that ...
More

HH21-09 : MASHONALAND TURF CLUB vs MICHELLE NYAMANGUNDA
Ruled By: MTSHIYA J

This is an action for the eviction of the defendant and all those claiming occupation through her from the plaintiff's premises situate at the Borrowdale Park Race Course, Harare.It is common cause that on 23 April 2007 the plaintiff entered into a lease agreement with a company called Lunar Graphics ...
More

HH44-10 : JOHN STRONG (PVT) LTD and TOBS STRONG (PVT) LTD vs WILLIAM WACHENUKA
Ruled By: CHATUKUTA J

This is an application for contempt of court.The background to this application is that the applicants were the owners of Disi Farm (the farm). The farm has since been acquired by the State. The respondent was issued with an offer letter for subdivision 7 (Plot 7) of the farm by ...
More

HH37-08 : MOVEMENT FOR DEMOCRATIC CHANGE and MORGAN TSVANGIRAI vs CHAIRPERSON, ZIMBABWE ELECTORAL COMMISSION and CHIEF ELECTIONS OFFICER, ZIMBABWE ELECTORAL COMMISSION
Ruled By: UCHENA J

The first applicant, the Movement for Democratic Change, is a political party, commonly known as the (“MDC”). It will be referred to as the first applicant. The second applicant, Mr Morgan Tsvangirai, is its President. He was the first applicant's Presidential candidate in the just ended harmonized elections held on ...
More

HH26-08 : MOVEMENT FOR DEMOCRATIC CHANGE vs TIMOTHY MUBHAWU
Ruled By: HUNGWE J

The applicant is a registered political formation in terms of the laws of Zimbabwe....,.Sekai Holland, the applicant's Secretary for Policy Research and Ideology, deposed to the founding affidavit.
More

HH29-09 : FIDELIS CHIRAMBA and OTHERS vs MINISTER OF HOME AFFAIRS N.O. and COMMISSIONER GENERAL OF POLICE and OFFICER COMMANDING CID HOMICIDE, Chief Supt MAKEDENGE and DETECTIVE CONSTABLE MUUYA
Ruled By: HUNGWE J

In this application, the applicants seek an order -(a) Declaring their arrest and continued detention unlawful;(b) Requiring the respondents and all those calling through them or acting on their behalf to permit the applicants access to medical treatment at medical centres of their choice;(c) Directing the respondents or anyone calling ...
More

HH113-09 : DIDYMUS MUTASA vs NGONI NDUNA N.O. and ATTORNEY-GENERAL and COMMISSIONER-GENERAL OF POLICE and ROBERT MCKERSIE
Ruled By: PATEL J

The applicant herein is the Minister of State responsible for Presidential Affairs. He was formerly the Minister responsible for Land Reform and Resettlement. The applicant originally sought an order, inter alia, staying and eventually setting aside the execution of a warrant of arrest issued against him on the 6th of ...
More

HH152-09 : PATRONELLA CHARUMBIRA In her capacity as the executrix dative of the estate of the late Adben Benjamin vs HUDSON MUSASA and REGISTRAR OF DEEDS and ASSISTANT MASTER
Ruled By: MUSAKWA J

Counsel for the first respondent deposed to the opposing affidavit.
More

View Appeal
HH161-09 : TINASHE MALVERN MADAMOMBE vs BINDURA MUNICIPAL COUNCIL and DANISO WAKATAMA and IVORY MATANHIRE and JAPHET KABANGA
Ruled By: GOWORA J

The application is opposed by all four respondents, and the opposing affidavit has been deposed to by the second respondent on behalf of all four.
More

HB27-09 : ZIMBABWE NATIONAL STUDENTS UNION and NUST STUDENTS' REPRESENTATIVE COUNCIL vs NATIONAL UNIVERSITY OF SCIENCE AND TECHNOLOGY and MINISTER OF HIGHER EDUCATION
Ruled By: NDOU J

The deponent to the founding affidavit for the first applicant has not bothered to indicate whether he is a student at the first respondent.
More

HB46-09 : HERBERT SIKHOSANA vs ESTATE LATE A MTSANA and SHOWLAST NCUBE and NAPFUTALI SIBANDA and ZANELE NCUBE and NOKUTHULA MTHETHWA and ORS
Ruled By: NDOU J

In opposing this application, the third respondent filed an opposing affidavit allegedly on behalf of the first to fifth respondents….,.The only disputed factual issue is the allegation by the third respondent that when the agreement was varied, the applicant was supposed to pay $40 million immediately upon signing the agreement and that the agreement fell away ...
More

HB113-09 : MADUMELANA IMPORT AND EXPORT (PVT) LTD vs WATSON MPOFU
Ruled By: NDOU J

The respondent has raised points in limine which I propose to deal with first. The deponent to the founding affidavit, one Christopher Hlabathi Siphambili, did so “in his capacity as the Director of the Applicant's Company.” The respondent's point in limine in this regard is that the deponent is not a Director of the plaintiff company. The deponent's founding ...
More

HH112-10 : CENTRAL AFRICAN BUILDING CONSTRUCTION COMPANY (PVT) LIMITED vs CONSTRUCTION RESOURCES AFRICA (PVT) LIMITED
Ruled By: GOWORA J

In HH37-09, an application brought by the plaintiff against the defendant, for an interdict, the founding affidavit was deposed to by counsel for the plaintiff in his capacity as a Director of the plaintiff. I wish to associate myself with the views of CHEDA J in Chafadza v Edgars Stores Ltd Anor ...
More

SC14-15 : NATIONAL AIR WORKERS' UNION and AIR TRANSPORT UNION vs AIR ZIMBABWE HOLDINGS (PRIVATE) LIMITED and AIR ZIMBABWE (PRIVATE) LIMITED and ANOTHER
Ruled By: ZIYAMBI JA, GARWE JA and GUVAVA JA

The appellants are trade unions registered in terms of the Labour Act [Chapter 28:01. The first respondent is Air Zimbabwe Holdings (Private) Limited, a company duly incorporated according to the laws of Zimbabwe, and the holding company of the second respondent (Air Zimbabwe), also a private company incorporated according to the laws of Zimbabwe.In ...
More

HH223-10 : LOVEMORE GOREDEMA (In his capacity as the Executor of the Estate Late Robert Tendayi Magwenzi) vs PATRICIA MAGWENZI and CHARITY MAGWENZI and LUCKSON MAGWENZI and MASTER OF HIGH COURT
Ruled By: GUVAVA J

The deponent of the founding affidavit is acting in terms of a special power of attorney granted to him by the applicant.
More

HH270-10 : SASFUEL AND CHEM (ZIMBABWE) PRIVATE LIMITED vs MARYNA SYMES N.O. and ENVA MOTALA N.O. and THLABO MAENETYA N.O. and THE MASTER OF THE HIGH COURT OF ZIMBABWE
Ruled By: MAKONI J

AUTHORITY TO DEPOSE TO THE FOUNDING AFFIDAVIT Mr Silika swore that he is the applicant's Director and has been authorized by the applicant to depose to this affidavit. This was challenged by the respondents through a supporting affidavit by Michael John Burns. It is settled in our law that once authority of a representative of a company is challenged, the ...
More

HH275-10 : NOBLE GAPARE vs KAEN W. MOYO and RESIDENT MAGISTRATE, HARARE CIVIL COURTS and MESSENGER OF COURT
Ruled By: MAKONI J

Counsel for the applicant deposed to the founding affidavit in this matter and he argued the matter before me as well. This raises two points. Firstly, Order 32 Rule 227(4) provides that an affidavit filed with a written application shall be made by the applicant or by a person who can swear to the facts or averments ...
More

HB103-10 : GERALD MPOFU and SIMILO CHIRADZA vs QHAKAZA INVESTMENTS (PVT) LTD T/A THE BABY SHOP and THE DEPUTY SHERIFF
Ruled By: CHEDA J

The matter was set down for hearing. On the day of the hearing, counsel for the first respondent raised a point in limine.He attacked the legality of the “affidavit(s)” of the two applicants. The applicants' affidavit was deposed to by both of them with both names appearing on the same page(s) and signed on ...
More

HH30-13 : BRIAN MUNEKA and DADIRAI RWANZA and JANIES TIMOTHY and EDMOND MULEYA and MUSEKIWA MUZANENHAMO and TSITSI DHLIWAYO vs MANICA BUS COMPANY
Ruled By: MTSHIYA J

The applicant raised a point in limine arguing that the respondent's legal practitioner was not competent to swear to the opposing affidavit. On the point in limine, the respondent correctly submitted that Rule 227 of the High Court Rules, 1971 permits a legal practitioner to sign or swear to an affidavit on behalf of his/her client. I think the ...
More

HH101-11 : HERENTALS COLLEGE (PRIVATE) LIMITED vs RELEASE POWER INVESTMENTS (PRIVATE) LIMITED and ONIYAS GUMBO and MR CHINYAMUCHIKO (In his capacity as the Headmaster of Cold Comfort Primary School)
Ruled By: BERE J

What the Court was informed yesterday was that the affidavit by Edmore Mutare incorporated the views of the third and fourth respondents. How strange? It was not a persuasive argument for counsel for the respondents to argue that Edmore Mutare's position was incorporating the third and fourth respondent's position. This is so because for starters, Edmore Mutare's ...
More

HH102-11 : KAREN TUMAZOS vs TRAVEL CONECTIONS (PRIVATE) LIMITED and STEWART CRANSWICK
Ruled By: MTSHIYA J

The applicant raised the point that Cherylynn Jean Watson, who was the Group Financial Manager of the first respondent, could not properly swear to the opposing affidavit since she had no knowledge of any facts which could assist the court and that the respondents had 'failed to comprehend the nature of and purpose of an ...
More

HH140-11 : 59 BENEFICIARIES OF VALLEY LANE HOUSING SCHEME vs HARARE MUNICIPAL WORKERS UNION and CITY OF HARARE and OTHERS
Ruled By: MTSHIYA J

Furthermore, the fact that there is nothing in the papers to show that Garanewako Mfema had authority from the purported 59 beneficiaries to swear to the founding affidavit meant the application could not stand without a founding affidavit. Had the so-called 59 beneficiaries associated themselves in someway with Garanewako Mfema, I would not have ...
More

HHH142-11 : CLEMENCE NYONI vs THE STATE
Ruled By: KUDYA J

The founding affidavit to the applicant's application for condonation was deposed to by his legal practitioner of record, Mr Stephen Murambasvina. Order 32 Rule 227(4) states that: “(4) An affidavit filed: (a) Shall be made by the applicant or respondent, as the case may be, or by a person who can swear to the facts ...
More

HH340-13 : WILLIE TAPERA MHISHI vs THE MEDICAL & DENTAL PRACTITIONERS COUNCIL OF ZIMBABWE
Ruled By: TAKUVA J

The opposition is contained in an affidavit sworn to by one Josephine Mwakutuya employed by respondent as its Registrar….,. The applicant raised two points in limine. Firstly, it argued that in terms of section 29(1) of the Health Professions Act [Chapter 27:19] the respondent is a body corporate capable of suing and being sued. In ...
More

HH351-13 : SOVEREIGN EMPOWERMENT CENTRE and HACHIM KITCHENS PL and KINGDOM EMBASSY ZIM and STUARTSON INVESTMENTS PL vs OLD MUTUAL INVESTMENT GROUP PROPERTY INVESTMENT ZIM PL and THE SHERIFF (N.O.)
Ruled By: MANGOTA J

(ii) Ad Founding Affidavit It is noted that each of the applicants who instituted legal proceedings against the respondents deposed to an affidavit which supported its case. The first applicant - Sovereign Empowerment Centre Tutorial Trust – is a Trust which was established in terms of a Notarial Deed of Trust dated 27 May 2013. The ...
More

HB10-13 : WESTGATE RESIDENTS ASSOCIATION vs NATIONAL RAILWAYS OF ZIMBABWE and L. H. JIYANE
Ruled By: NDOU J

In the event that I made a mistake in this finding, still, the provisional order should be discharged on the second point raised. There is no written authority from the persons Mr E. Ngwenya (who deposed to the founding affidavit) purports to represent. Guta Ra Mwari v Tayali Ors HB132-04 and Mashavave ...
More

HB59-13 : COMMISSIONER GENERAL OF POLICE vs FARAI BASIL NYAPOKOTO
Ruled By: MAKONESE J

2. No matter before the court The respondent contends that the founding affidavit sworn to by Joseph Mumbengegwi, who is not a party to the proceedings, effectively means that there is no application before the court. I cannot agree with that proposition.Mr Mumbengegwi is a law officer who is acting under the instruction of the applicant. He has ...
More

HB64-11 : ARJUN INVESTMENETS (PVT) LTD vs THOMAS MUTAMBIRWA and FLORENCE VENTER and SARAH NDLOVU and TENDAI CHIEZA and OTHERS
Ruled By: CHEDA J

(1) MATTER NOT BEING PROPERLY BEFORE THE COURT On the 3rd day of February 2011 the applicant resolved to evict the respondents from the property and duly appointed Jateen Madhoo to represent it in that issue. For the respondents to argue that they should have appointed someone else without justifying their argument is not tenable at ...
More

HB103-11 : ROBERT BOWES and ESTATE LATE DR. JOHN MANOLAKAKIS and ESTATE LATE EVANGELINA PATRINOS and IONNIS IOANNIDIS and CONSTINDINOS PARTINOS and DEPUTY MASTER, HIGH COURT, BYO vs MARIA MANOLAKAKIS
Ruled By: MATHONSI J

It has been argued on behalf of the respondent that, while 6 applicants are cited in the application, there is, in actual fact, only one applicant who is the first applicant. Before her death, the late Evangelia Patrinos was appointed executrix dative in the estate of the late Dr Manolakakis by Letters of Administration issued ...
More

HH32-14 : ZIMPLASTICS (PVT) LTD vs ROLLY CORBET
Ruled By: CHIGUMBA J

The respondent filed opposing papers on 25 June 2013. He raised a point in limine that the application for condonation was a nullity because the averments contained in the founding affidavit were based on hearsay evidence. The respondent contended that the deponent to the founding affidavit was not privy to what transpired during Board ...
More

HB110-11 : JOHN PERCIVAL BAWDEN vs THULANI NDEBELE and SIKHUMBUZO MPOFU
Ruled By: CHEDA J

The applicant is the owner of a property known as Glenorchie Farm. The founding affidavit was deposed to by one Jason Nuville Leanders by virtue of a power of attorney filed of record given to him by the applicant. The deponent is the son-in-law of the applicant and is also the manager of the ...
More

View Appeal
HH178-14 : WILLOUGHBY'S INVESTMENTS (PRIVATE) LIMITED vs PERUKE INVESTMENTS (PRIVATE) LIMITED and THE HONOURABLE MR JUSTICE (Ret) A. R. GUBBAY SC
Ruled By: ZHOU J

The applicant persisted with the contention that the deponent was not authorised to represent the first respondent. That argument seems to be raised with amazing regularity these days. The applicant's contention is not that the first respondent has not sanctioned the opposition to the application, but, rather, that the deponent is not authorised to represent the respondent ...
More

HH118-13 : MUNANDI ARCDEL & D-TROOP EMPLOYEES vs MUNANDI – ARCDEL & D-TROOP
Ruled By: BERE J

The point has been made that one Clemence Mudzengerere who deposed to the affidavit in support of the chamber application of the registration for the arbitral award has no locus standi to represent the employees concerned. It is a pity that this issue has had to consume considerable time for the court in argument by ...
More

HH123-13 : AFRICAN BANKING CORPORATION OF ZIMBABWE LIMITED t/a BANCABC vs PWC MOTORS (PVT) LTD and PETER MARE and WONDER MARE and CHARLES MARE
Ruled By: MATHONSI J

In his founding affidavit, Luckson Pfukwa, the Head of Credit of the applicant stated that the facts are within his personal knowledge and that he is duly authorised to depose to the affidavit on behalf of the applicant….,. The respondents took issue with the applicant's failure to attach a resolution showing that Luckson Pfukwa ...
More

Appealed
HH183-14 : MUGUMBATE KENNETH and GOHODZI GOHODZI and MASINIRE RICHARD and MATEKU FUNGISAI and MLAMBO TINASHE and NYAMUZIWA RINASHE vs UNIVERSITY OF ZIMBABWE
Ruled By: MAFUSIRE J

At the hearing, the respondent took a point in limine. Before me were six applicants. The founding affidavit had been deposed to by one of them. It had told the full story. It had made out the whole case. All the annexures had been attached to it. But it had made no mention of ...
More

HB154-11 : NATIONAL BLANKETS LIMITED vs DAVID WHITEHEAD TEXTILES LIMITED
Ruled By: KAMOCHA J

The applicant attacked the averments made by Zivaishe Mangena who deposed to the opposing affidavit on behalf of the respondent. The applicant complained that Zivaishe Mangena had very limited knowledge about the transaction due to the fact that he had come onto the scene some six (6) years after the transaction had been allegedly entered ...
More

HB169-11 : M.B.C.A. BANK LIMITED vs MERSPIN (PRIVATE) LIMITED and DELMA LUPEPE and GRACE LUPEPE and EDGE INVESTMENTS (PRIVATE) LIMITED
Ruled By: MATHONSI J

An opposing affidavit of Stella Moyo, the Director of the first respondent, was filed, and nothing was filed on behalf of the other three respondents. Stella Moyo claims to be authorised “to depose to this affidavit for the First Respondent, in particular, and the other respondents in general.” No power of attorney given to ...
More

HB169-11 : M.B.C.A. BANK LIMITED vs MERSPIN (PRIVATE) LIMITED and DELMA LUPEPE and GRACE LUPEPE and EDGE INVESTMENTS (PRIVATE) LIMITED
Ruled By: MATHONSI J

The respondents' case is so hopeless that their counsel was left to try and salvage something from the resolution passed by the applicant authorising Patrick Manyumbu to represent the company. Counsel for the respondents argued that because that resolution was defective; it having conflicting dates of the meeting, then the application must fail. I disagree. Typing errors in ...
More

HB170-11 : INTERFIN MERCHANT BANK OF ZIMBABWE LIMITED vs MERSPIN ZIMBABWE LIMITED and BERNARD CONSTRUCTION AND PROPERTY DEVELOPERS PL and COPPER TRADING PL and DELMA LUPEPE and GRACE LUPEPE
Ruled By: MATHONSI J

I also do not agree that the defects in the wording of the resolution giving Brian Sanangurai authority to represent the applicant is fatal to the application especially as it is clear that authority was given.
More

HB194-11 : ZIMBABWE TEXTILE WORKERS UNION vs MERLIN (PRIVATE) LIMITED t/a MERSPIN and ASSISTANT MASTER OF THE HIGH COURT OF ZIMBABWE
Ruled By: MATHONSI J

The applicant is a duly registered trade union whose members are employed by the first respondent. The Workers Committee of the first respondent's employees authorised the applicant to institute these proceedings on behalf of the employees….,. The applicant clearly has authority to institute these proceedings.
More

HB196-11 : MOVEMENT FOR DEMOCRATIC CHANGE and PRISCILA MISIHAIRAMBWI-MUSHONGA vs PROFESSOR ARTHUR MUTAMBARA
Ruled By: KAMOCHA J

The founding affidavit of the applicants was deposed to by the second applicant, Priscila Misihairambwi-Mushonga, in her official capacity as the Secretary-General of the MDC, having been duly elected at the party's third National Congress held at Harare on 8 and 9 January 2011. She had been duly authorized to make the affidavit in terms ...
More

HH325-14 : TRUST ME SECURITY ORGANISATION vs LUCIA MARARIKE and JESSY CHIKWIRA and MESSENGER OF COURT N.O. and THE CLERK OF COURT CIVIL MAGISTRATES COURT N.O. and PROVINCIAL MAGISTRATE N.O.
Ruled By: MANGOTA J

The matter which the respondents raised in limine was that the deponent to the applicant's founding affidavit did not have the applicant's authority to depose to the same. That matter was, however, disposed of, when, on 18 June 2014, the applicant filed with the court the resolution which authorised the deponent to represent the applicant in legal ...
More

HH338-14 : MAFIRAMBUDZI FAMILY TRUST vs LIBERTY MADZINGIRA and PANNAH NHIWATIWA and THE REGISTRAR OF DEEDS N.O. and THE SHERIFF
Ruled By: TAKUVA J

In terms of that Agreement of Sale, the purchaser is indeed described as “The Mafirambudzi Family Trust represented by Brian Mafirambudzi of No.1396 Cosmos Street, Westgate, Harare.” This is the property that was the subject of the Agreement. The first and second respondents were happy to enter into an Agreement of Sale with Brian ...
More

Back Main menu

Categories