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Founding, Opposing, Supporting and Answering Affidavits re: Commissioning, Certification, Authentication and Execution

HH08-09 : TARUVA TARUVA vs DEVEN ENGINEERING P/L and MOTEC HOLDINGS P/L and REGISTERING OFFICER, CENTRAL VEHICLE REGISTRY
Ruled By: MAKARAU JP

The last witness to testify for the defendants was Benjamin Nkosentya Kumalo. He is the Group Managing Director of the second defendant. He called for the meeting held on 10 August 2007 to discuss the issue of the motor vehicle with the plaintiff. In attendance at the meeting were the plaintiff, the Group Human Resources ...
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HH36-08 : MASIMBA KUCHERA and MICHAEL MUZA and TAFADZWA RUGOHO vs MINSTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS
Ruled By: GUVAVA J

The facts in this matter are set out in the applicants founding affidavits and may be summarized as follows:The first and second applicants are visually impaired. The third applicant is physically handicapped and does not have the use of his arms and legs (though it was noted that his application ...
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HH107-09 : JULIA NDEMERA AND COSMAS NDEMERA vs SIPHELILE MOYO AND TAFADZWA CHITATE AND THE DEPUTY SHERIFF N O
Ruled By: CHITAKUNYE J

It may also be noted that the first respondent's papers are not properly signed. The affidavit in opposition has a thumbprint and an “x”. There is no identification of whose thumb print and “x” it is. Neither is there the national identity number, or some other identification mark peculiar to the first respondent.
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HH111-09 : ELLEN SIMON vs FUNDA SAIMON
Ruled By: KUDYA J

Exhibit 1A is a pro forma of an affidavit that is sold at Kingstons Booksellers and Stationers. It was common cause that the name of the deponent and her national identity number and address were handwritten by Eneresi Simon. Eneresi stated that she was the one who wrote out the plaintiff's name, national identity card, address and ...
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HB68-09 : MISHECK MUKATA vs THE CHAIRPERSON OF PORTLAND HOLDINGS LIMITED DISCIPLINARY COMMITTEE and PORTLAND HOLDINGS LIMITED
Ruled By: CHEDA J

Counsel for the respondents..., argued that the applicant has been tardy in filing his documents as some papers served on the respondents were not signed, including the certificate of urgency, and, therefore, defective. While I agree with him that there is a need for documents to be signed, in my view, the fact that documents ...
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HH190-10 : NGONI MUDEKUNYE and GLADYS CHAMUTSA and MASIMBA MUDEKUNYE and TAMBURIKA MUDEKUNYE vs AARON EVANS MUDEKUNYE and BERTHA MUDEKUNYE and DEPUTY SHERIFF CHIPINGE N.O.
Ruled By: BERE J

In S v Rolomane 1971 (4) SA 100 (E) the court was called upon to determine the admissibility or otherwise in evidence of an affidavit which had been commissioned by an officer who was alleged to lack the necessary qualification in his attestation of the affidavit. The ratio in that case was that “..., ...
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HH280-10 : CORE MINING AND MINERALS RESOURCES (PVT) LTD vs THE ZIMBABWE MINING DEVELOPMENT CORPORATION and MARANGE RESOURCES (PVT) LTD and OTHERS
Ruled By: MAVANGIRA J

Counsel for the applicant also submitted that the legal firm Mutamangira and Associates ought not to be allowed to represent the first and second respondents in these proceedings as the affidavits that they filed on behalf of these respondents were prepared and commissioned by the same firm. Regarding the affidavits said to have been prepared ...
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HH54-13 : OX MINING (PRIVATE) LIMITED and GOLD RECOVERY GROUP (PRIVATE) LIMITED vs OX DRILLING LLC and SIDNEY STEYN and DIRK BENADE and THE COMMISSIONER-GENERAL
Ruled By: MAKONI J

Counsel for the applicants averred the special power of attorney produced as authority to represent the first respondent was commissioned outside the country and was not notarised in terms of the Rules. The first respondent is, therefore, not properly before the court. Counsel for the first, second and third respondents conceded that the Special Power of ...
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HHH105-11 : CASSIMJEE BILAL vs THE ATTORNEY-GENERAL
Ruled By: MUTEMA J

The supporting documents attached to the application are, in fact, inadmissible, for falling foul of Rule 3 of the High Court (Authentication of Documents) Rules, 1971. They have not been authenticated by the class of people mentioned in Rule 3 of the High Court (Authentication of Documents) Rules, 1971. Rule 3 of the High Court (Authentication ...
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HH111-11 : TOBACCO SALES FLOOR LIMITED vs SWIFT DEBT COLLECTORS (PVT) LTD t/a RUBY AUCTIONS
Ruled By: GOWORA J

In answer to the papers filed by the respondent, the applicant filed together with its answering affidavit, an affidavit from the Chairman of the Tobacco Industry Marketing Board. The affidavit was commissioned by an R. Gunn whom both parties agree is a member of the Board of Directors of the applicant. The respondent has therefore, ...
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HH132-11 : MYSTICAL TRADING (PRIVATE) LIMITED and MARCOL TRADING LIMITED and BROAD FUELS CC vs ADDX TRADING 528 (PTY) LIMITED and DOWNTOWN PETROLEUM (PRIVATE) LIMITED and FUTURE MUVIRIMI
Ruled By: MTSHIYA J

In the…, founding affidavit, Pedzisai Miriam Lilliethy Garwe states as follows:- “I am authorised to depose to this affidavit by virtue of my aforementioned office and by virtue of Resolutions of the Board of Directors of the applicant companies attached hereto as Annexures “LG1”, “LG2” and “LG3”….,. At the commencement of the proceedings, I indicated ...
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SC01-15 : FIRSTEL CELLULAR (PRIVATE) LIMITED vs NETONE CELLULAR (PRIVATE) LIMITED
Ruled By: ZIYAMBI JA, GARWE JA & PATEL JA

This is an appeal against the decision of the High Court granting summary judgment against the appellant in the sum of US$8,330,470=52 together with interest at 2.5% per annum above the prime overdraft Bank rate and costs of suit.The claim against the appellant arose from a Service Provider Agreement concluded ...
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Appealed
SC30-16 : STAND FIVE FOUR NOUGHT (PRIVATE) LIMITED vs SALZMAN ET CIE SA
Ruled By: ZIYAMBI JA, GOWORA JA and UCHENA JA

Counsel for the appellant further submitted that the Power of Attorney was not lawfully granted because it was signed by the respondent on 24 June 2014 while the Notary Public signed it on 26 June 2014. She submitted that it was not properly authenticated as it should have been signed by the representatives ...
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HH767-15 : IN RE: STAND FIVE FOUR NOUGHT (PVT) LTD (Under Provisional Judicial Management) FOR AN ORDER FOR FINAL JUDICIAL MANAGEMENT vs x
Ruled By: MATHONSI J

On the first point in limine, it has been submitted that the deponent of the opposing affidavit, Melina Mathsiya, who is the legal practitioner representing the creditor, cannot validly do so because the power of attorney and Board resolution are defective. Those instruments of authority were signed by the creditor's representatives on 24 June ...
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HB103-16 : DANIEL SIBANDA vs RAY C. NDHLUKULA and THE MINISTER OF LANDS AND RURAL RESETTLEMENT
Ruled By: MOYO J

The first respondent's counsel submitted that the application does not comply with the Justice of Peace and Commissioners of Oaths Act and Regulations because it is not sworn to, declared, or attested to by a Commissioner of the Oaths since it only contains a thumb print with no explanation as to why there is a ...
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HHH82-16 : THE PROSECUTOR GENERAL OF ZIMBABWE vs BEATRICE TELE MTETWA and RUMBIDZAI MUGWAGWA ESQUIRE
Ruled By: MAWADZE J

2. Alleged Impropriety as Regards Mr Mapfuwa's Founding Affidavit The first respondent has raised two objections in relation to Mr Mapfuwa's founding affidavit which I now proceed to deal with. (a) The first respondent contends that it was legally improper for Mr Mapfuwa to have his founding affidavit commissioned by an officer of the ZRP as the police institution ...
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HH339-14 : ROCK CHEMICAL FILLERS (PVT) LTD vs BRIDGE RESOURCES (PVT) LTD and TAPIWA GURUPIRA and MOST CHIKUMBA
Ruled By: MATHONSI J

An attempt was made to file opposing affidavits on behalf of one Effie Zituta and Most Chikumba, the third respondent, but what was filed are unsigned statements which are surprisingly signed by a Commissioner of Oaths, Gift Maseko, complete with his proud stamp of “Legal Practitioner, Conveyancer, Notary Public, Commissioner of Oaths.” It is extremely difficult to grasp ...
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HH78-14 : HUGHBER PETROLEUM (PVT) LTD and HUBERT NYAMBUYA vs BRENT OIL AFRICA (PTY) LTD
Ruled By: MATHONSI J

Although Rule 230 as read with Rule 227(4) requires a court application to be supported by affidavit, this application is supported by an 'affidavit' commissioned by the applicants' then legal practitioner…,. As to how a legal practitioner could administer an oath of a client is an unfathomable mystery. Section 8 of the Justices of the Peace and Commissioners ...
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HH66-12 : OTILIAH ZULU vs EZRA ZULU
Ruled By: MAWADZE J

At the commencement of the hearing counsel for the respondent took a point in limine to the effect that the applicant's answering affidavit was improperly before the court and should therefore be disregarded. This was opposed by counsel for the applicant. I upheld the point in limine raised by counsel for the respondent. The reason for this is simple. As already said, the ...
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HH504-16 : GODFREY CHIPARAUSHE and 60 OTHERS vs TRIANGLE LIMITED and TRIANGLE SENIOR STAFF PENSION FUND and MR S MTSAMBIWA
Ruled By: MATANDA-MOYO J

This is an opposed application where the applicant seeks that the first respondent be declared to be in contempt of High Court order in HC10776/13. The applicant also seeks that should the first respondent fail to comply with paragraphs(e) and (f) of the judgment in HC10776/13 within seven days of the granting of this order, ...
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HH233-10 : YAKUB SURTEE vs SHAUN EVANS and PAUL FRIENDSHIP and COLLIN MacMILLIAN and RODNEY FINNIGAN and ACROSS ENTERPRISES PL
Ruled By: MTSHIYA J

In its heads of argument, the applicant raised a point in limine.The point was that the opposing affidavits of the first and second respondents were improperly commissioned. It was argued that the Commissioner of Oaths' name was not spelt out and that the stamp used read “true copy of the ...
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HH665-16 : OLIVER MASOMERA (as Executor Dative of Estate late Brian James Rhodes) vs GIDEON HWEMENDE and OTHERS
Ruled By: CHITAPI J

I heard this matter on 20 November 2015 and reserved judgment. The preparation of my judgment has taken longer than expected on account of my deployment to the Criminal Division of this court in January 2016.The delay in compiling this judgement is therefore attributable to the sheer volume of work ...
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HH542-15 : THE SHERIFF OF THE HIGH COURT vs RONGXIN MINING (PRIVATE) LIMITED and FREDDY MAKUVISE
Ruled By: MTSHIYA J

This is an interpleader application.On 5 September 2014, the following consent order was granted in favour of the judgement creditor;“IT IS ORDERED BY CONSENT THAT:1. The defendants shall pay US$60,000 being 10% commission on an investment of U$600,000 brokered by the plaintiff.2. The US$60,000 shall be paid through plaintiff's legal ...
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SC20-22 : NATIONAL SOCIAL SECURITY AUTHORITY vs HOUSING COOPERATION ZIMBABWE (PVT) LTD and PETER CARNEGIE LLOYD N.O.
Ruled By: MAVANGIRA JA, UCHENA JA and CHATUKUTA JA

After hearing the parties on 13 September 2021, we gave our judgment on the matter extempore. Our written reasons for judgment have now been requested by the respondent's legal practitioners. Hereunder appears the judgment that was handed down ex tempore on 13 September 2021.This is the unanimous decision of this ...
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SSC86-21 : MUNYARADZI KEREKE vs FRANCIS MARAMWIDZE and THE PROSECUTOR GENERAL
Ruled By: MAKONI JA

This is an opposed application for leave to appeal made in terms of section 44 of the High Court Act [Chapter 7:06] as read with Rule 20(1) of the Supreme Court Rules, 2018.The applicant was convicted of rape and sentenced to an effective 10 years imprisonment by the Harare Regional ...
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SSC111-21 : MUNYARADZI KEREKE vs THE STATE and FRANCIS MARAMWIDZE
Ruled By: MWAYERA JA

On 4 August 2021, after considering all documents filed of record and having been orally addressed by counsel, I issued an order admitting the applicant to bail, and indicated that I would avail written reasons for my disposition. The reasons are captioned herein.THE PARTIESThe applicant was convicted by the Regional ...
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HHH374-19 : MUNYARADZI KEREKE vs FRANCIS MARAMWIDZE N.O.
Ruled By: HUNGWE J and WAMAMBO J

The appellant was convicted of rape, as defined in section 65 of the Criminal Law (Codification and Reform) Act [Chapter 9:23], by the Regional Magistrate, Harare, and sentenced to 14 years imprisonment of which four years were suspended for five years on the usual conditions, on 11 July 2016.The appellant ...
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HB33-15 : MASIWA HWARA vs EUBERTINNAH MUDIMU (as Executrix of Estate Late Felix Mudimu) and ADDITIONAL ASSISTANT MASTER OF THE HIGH COURT N.O.
Ruled By: MUTEMA J

The applicant herein seeks an order that the second respondent re-open the estate of the late Felix Mudimu so that she may lodge her claim for the transfer of a property known as House Number 5747 Nketa 9, Bulawayo.The application is opposed by the first respondent who is the widow ...
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HH264-21 : MUSA KIKA vs MINISTER OF JUSTICE LEGAL & PARLIAMENTARY AFFAIRS and THE CHIEF JUSTICE HONOURABLE LUKE MALABA N.O. and OTHERS
Ruled By: ZHOU J, CHAREWA J and MUSHORE J

IntroductionThis judgment is in respect of two matters, HC2128/21 and HC2166/21. The two matters were heard together because the substance of their complaints is the same.Both matters were brought by way of application. HC2128/21 was instituted as an urgent court application while HC2166/21 was brought as an urgent chamber application.Both ...
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HH125-17 : GRANDWELL HOLDINGS vs ZIMBABWE CONSOLIDATED DIAMOND COMPANY LTD and COMMISSIONER GENERAL, ZIMBABWE REPUBLIC POLICE and MBADA DIAMONDS (PVT) LTD
Ruled By: TSANGA J

In March 2016, the applicant, Grandwell Holdings (Grandwell), which owns a 50% shareholding in Mbada Diamonds [Private] Limited (Mbada), a joint venture initiative for diamond mining in Chiadzwa, obtained an interim order under HC1977/16 (HH193-16).The other 50% shareholding in Mbada is owned by Marange Resources [Private] Limited (Marange), a Government-owned ...
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