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Final Orders re: Writ of Execution, Enforcement of Judgments iro Approach, Execution Powers and Superannuated Orders

HB38-09 : GREENFIELD NYONI vs MRS. L. P. ELMISSING and MR.M. M. ELMISSING
Ruled By: CHEDA J

This is an application for directions in the execution of the provisional order.The salient facts of the matter are that the applicant entered into a lease agreement with the respondents wherein he leased Shop Number 10 Njube Trading in 2003 and another shop in 2005 known as Jika Jika Bar, ...
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HH03-10 : ESTHER MWANYISA vs ENETI JUMBO and ISABEL SAMURIWO and MTIKUMBURA MOFFAT and THE CITY OF HARARE and THE MASTER OF THE HIGH COURT and ANOTHER
Ruled By: MAKARAU JP

After being evicted for the second time, the applicant obtained a writ from the Magistrates Court restoring her possession of the property. The writ is allegedly not based on any court order issued by the court and served on the other parties. The legal practitioners who purportedly acted on behalf of the applicant in obtaining this Order ...
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HH163-10 : BISSY BEE (PVT) LTD vs GRAIN MARKETING BOARD and BRUKMARK MICROFINANCE (PVT) LTD and DEPUTY SHERIFF-CHITUNGWIZA
Ruled By: MUSAKWA J

Two preliminary issues were raised by the first respondent. Firstly, it was contended that the applicant adopted the wrong procedure as it should have resorted to interpleader proceedings in terms of the Rules of Court. Counsel for the applicant did not make any submissions on the procedure adopted in this matter. I agree that this is a ...
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HH130-13 : CLEMENTS MOMBERUME vs MARANGE APOSTOLIC CHURCH OF ST. JOHANNE and DAVISON SHONHIWA N.O. and MASTER OF THE HIGH COURT and DEPUTY SHERIFF OF MUTARE
Ruled By: CHITAKUNYE J

The applicant and Noah Taguta have been quarrelling over the High Priesthood of Marange Apostolic Church of St. Johanne for some years now. Each is now leading a faction. The fight for the right to inherit priestly regalia has been ongoing for some time. This case, HC11783/11, and case no. HC11782/11 mirror the extent to ...
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HB59-13 : COMMISSIONER GENERAL OF POLICE vs FARAI BASIL NYAPOKOTO
Ruled By: MAKONESE J

Background It is essential to briefly outline the background of this matter before dealing with the issues raised in the Urgent Chamber Application. On 16th June 2011, the respondent obtained default judgment against nine defendants under case number HC851/11. In that matter, the first and second defendants are the Co-Ministers of Home Affairs, the third defendant ...
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HH172-14 : FARAI NDEMERA vs THE SHERIFF OF ZIMBABWE and EDINA MUKURAZHIZHA and THE REGISTRAR OF HIGH COURT and THE REGISTRAR OF SUPREME COURT
Ruled By: MANGOTA J

When the court reconvened at 4:30pm of Friday 28 March 2014, the first respondent handed in the report which he had prepared on the matter and so did the second respondent who handed in her opposing papers. The papers in question gave a graphic history of how the second respondent acquired title in the ...
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HB134-11 : DAVISON MASINA vs KHALIL GAIBIE and SHABEIRA GAIBIE and DEPUTY SHERIFF (N.O.)
Ruled By: NDOU J

The salient facts of this matter are the following. On 4 August 2011, the first and second respondents obtained a provisional order for the vacation within, 48 hours, by the applicant of the premises known as Elons Court, 3rd Avenue and Main Street, Bulawayo. The applicant did not vacate and the Deputy Sheriff attempted to evict ...
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HB142-11 : ENFUND TRADING COMPANY t/a ALPHA MOTORS vs GORDON THONYE t/a THONYE LAND SURVEYORS and THE DEPUTY SHERIFF (N.O)
Ruled By: CHEDA J

The background of this matter is that sometime in March 2011, the first respondent caused an attachment of the applicant's vehicles in pursuance of a judgment debt against N S Properties (Pvt) Ltd. The vehicles in question were at the time being used by Mr Mrs Masuku of the applicant. ...
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Appealed
HH195-14 : FARAI MUSHORIWA vs CITY OF HARARE
Ruled By: BHUNU J

Despite the existence of a lawful consent court order barring the respondent from disconnecting water services from the applicant's premises until the finalisation of this application, the respondent still went ahead and defiantly disconnected water services from the applicant's premises with impunity without any Court order or legal justification. In spite of the applicant's pleas ...
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HH214-14 : TETRAD INVESTMENT BANK LIMITED vs BINDURA UNIVERSITY OF SCIENCE EDUCATION and THE SHERIFF OF ZIMBABWE
Ruled By: TAGU J

In his counter urgent chamber application, the first respondent sought the following relief:“IT IS HEREBY ORDERED THAT1. That the undertaking provided by the 1st respondent with respect to security de restituendo in terms of a letter dated 23 April 2014, be and is hereby deemed sufficient for purposes of Rule 31 and Rule 32.2. Costs to be borne ...
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HHB174-11 : PETER THOMAS ZULU vs THE STATE
Ruled By: KAMOCHA J and MATHONSI J

The appellant was convicted by the Regional Mmagistrate's Court in Hwange of one count of stock theft in contravention of section 114 of the Criminal Law Code [Chapter 9:23]….,. The State case is that the appellant was employed by the Ministry of Justice as the Messenger of Court for Hwange. One Mackenzie Ndebele had a ...
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SC50-16 : ZIMBABWE MINING COMPANY (PRIVATE) LIMITED vs OUTSOURCE SECURITY (PRIVATE) LIMITED and DEPUTY SHERIFF, GWANDA and WILLEM SMIT and S. DHLIWAYO and A.P. GLEDENING
Ruled By: MALABA DCJ, UCHENA JA and BERE AJA

BERE AJA: I have had the privilege of going through the elaborate and exhaustive judgment by UCHENA JA with which I am in total concurrence. I make the observation that the attachment and the subsequent disposal of the property in this case, by the second respondent, was outrageous and clearly calculated to inflict maximum damage ...
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HH667-15 : MARICK TRADING (PRIVATE) LIMITED vs OLD MUTUAL LIFE ASSURANCE COMPANY OF ZIMBABWE (PVT) LTD and THE SHERIFF FOR ZIMBABWE
Ruled By: MAFUSIRE J

Legal practitioners should keep abreast with, and heed pronouncements from the courts. It is a duty. The determination of cases on the merits should not be impeded or stalled unnecessarily for failure to follow the Rules.This was the case in this matter.From the papers filed by both parties, the merits ...
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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

This matter was placed before me on a certificate of urgency in terms of Rule 242 of the High Court Rules as amended. I dismissed the application with costs because of the preliminary issues raised. The applicant has requested written reasons for my decision. These are they. The applicant filed an urgent application for ...
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HMA12-17 : BRIAN ANDREW CAWOOD vs ELASTO MADZINGIRA and THE MESSENGER OF COURT – MWENEZI N.O.
Ruled By: MAFUSIRE J

This was an urgent chamber application to stop an eviction on the grounds that the second respondent, the Messenger of Court, allegedly, on the back and call of an official from the Ministry of Lands, was straying outside the four corners of the court order that defined the premises the applicant, and all those ...
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HMA31-17 : CHAMU MINING SYNDICATE vs SIBONGILE MPINDIWA N.O. and CHAMWANDOITA SYNDICATE
Ruled By: MAFUSIRE J

Finally, counsel for the first respondent argued that the police could not competently be ordered to execute civil orders as that is a function reposed in the Sheriff in terms of the High Court Act [Chapter 7:06].
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HB97-16 : REVEREND CLEMENT NYATHI and APOSTOLIC FAITH MISSION OF AFRICA vs CHARLES NHANGA and MTHANDAZI SIBANDA and TEDDY NDLOVU and OSCAR NDLOVU and OTHERS
Ruled By: MOYO J

The background of this matter is that the second applicant has been rocked by several problems where the authority to run the church has been fought over by two different camps, one led by the first applicant and the other led by Reverend Tonny Tshuma. There have been numerous applications before this court, even as ...
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HH57-15 : MACRO PLUMBERS (PVT) LTD vs SHERIFF OF ZIMBABWE N.O. and OWEN CHIGOYA
Ruled By: MATHONSI J

The Sheriff is merely an officer of the court charged with the responsibility of executing judgments.
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HH569-15 : HORTBAC (PVT) LTD t/a LITTLE FLOWER ENTERPRISES vs OFFICER IN CHARGE – ZRP GOROMONZI and COMMISIONER GENERAL OF POLICE and JAMES CHIYANGWA and R KITULI and TENDAI BONGA and TIMOTHY MUYAMBO
Ruled By: MATHONSI J

The police denied being involved at all in the eviction of the applicant and denied posting a sentinel at the gate of the farm. In fact, counsel who appeared for them, together with Mr. Mbara, of Police Headquarters, was emphatic that not only did the police not deploy at the farm, they are well aware that ...
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HH85-15 : CROWHILL COMPANY (PVT) LTD vs CYNTHIA MAADZA and THE ZIMBABWE WAR VETERANS ASSOCIATION
Ruled By: MUREMBA J

The second respondent, as a War Veterans Association, has no locus standi to enforce the orders of this court or any other court. The Sheriff is the one who has that duty….,. I need not emphasise that court orders are supposed to be enforced lawfully by following due process of the law.
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HH97-15 : RESERVE BANK OF ZIMBABWE vs ALLIED BANK LIMITED and UNILIVER SOUTH EAST AFRICA PENSION FUND and MESSENGER OF COURT, HARARE
Ruled By: CHATUKUTA J

I am inclined to agree with counsel for the third respondent, that, the third respondent, as an officer of the court, is only mandated (generally) to act on the strength of a court order. An exception to this general rule is, as in the present case, where an Act of Parliament specifically precludes him from exercising ...
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HB141-16 : REV. CLEMENT NYATHI and REV. JAMES MORRIS and OTHERS vs COMMISSIONER GENERAL ZIMBABWE REPUBLIC POLICE and OFFICER IN CHARGE NJUBE POLICE STATION and TONY TSHUMA and ELLIOT NCUBE
Ruled By: MAKONESE J

On 10 May 2016 this matter was placed before me with a request that I provide reasons for an order I granted on 16 June 2015. The order I granted is in the following terms: “Interim relief granted This order shall operate as a temporary interdict directing 1st and 2nd respondents to render to the Sheriff such assistance as ...