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Interim Interdict or Final Order re: Past Invasion of Rights Premised On Prima Facie Lawful Conduct & Right to Legality

HH54-09 : ROGERS DHLIWAYO vs SHAUN MANDAA KUDINGA AND TWO OTHERS
Ruled By: MAKONI J

It is clear from the above remarks by MAKARAU JP that the writ was irregularly obtained. I would add to the above remarks that if the intention of the legislature that a certificate of ejectment be an ejectment order or be registered with the Magistrate's Court for purposes of execution, then the legislature would ...
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HH23-12 : AUSTIN ZVOMA vs LOVEMORE MOYO N.O. and NOMALANGA KHUMALO N.O .and BRIAN TSHUMA N.O. and SHEPPARD MUSHONGA N.O. and EDNA MADZONGWE N.O. and WILLIAS MADZIMURE N.O. and LYNETTE KARENYI N.O.
Ruled By: BERE J

On 12 December 2011, the applicant filed an application in this court under Case No. HC12336/11 seeking a prohibitory interdict against the respondents.The remedy sought was to prevent the respondents from moving or accepting any motion from any member of the House of Assembly to dismiss the applicant without the ...
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HH06-10 : HARLAND BROTHERS (PVT) LIMITED and RAYMOND FINAUGHTY vs THE MINISTER OF LANDS AND RURAL RESETTLEMENT and MRS WINNIE MUSHIPE
Ruled By: MUSAKWA J

Counsel for the second respondent also attacked the relief being sought by way of interdict.He submitted that the land is Gazetted land. By virtue of that fact, it is inappropriate to seek an interdict as the applicants no longer have any rights to the land following its acquisition by the State.In respect of the order for ...
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HB11-10 : GORDON SPENCER and GARY BROWN vs THE MINISTER OF LANDS, LAND RESETTLEMENT AND RESETTLEMENT and THE CHIEF LANDS OFFICER, BULILIMA and MS R. BHEBHE
Ruled By: KAMOCHA J

It is true that although the applicants are now illegally occupying, holding or using gazetted land they can only be removed therefrom through an eviction order issued by the convicting court, they may not seek an interdict from a court of law to sanction the perpetuation of an illegality. The ownership of the farm ...
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HB137-11 : VICTOR MUZENDA vs SHELTER MPOFU and ALBERT NKOMO and TOM MBEDZI and CASPER NCUBE
Ruled By: NDOU J

The applicant seeks a provisional order in the following terms:“Terms of Final Order soughtThat you show cause to this honourable court why a final order should not be granted in the following terms:1. All the respondents be and I [sic] hereby interdicted from in any manner dealing with the matter of ZEXCOM Foundation Investments Funs Limited ...
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HB73-10 : THABANI MOYO and ALEXANDER MUNYAKA vs HASSBRO PROPERTIES (PVT) LTD and MESSENGER OF COURT
Ruled By: MATHONSI J

The first respondent instituted proceedings against the two applicants in the Magistrates Court seeking, inter alia, an order for their eviction from office premises at Main Court, Bulawayo. The applicants entered appearance to defend whereupon the first respondent made an application for summary judgment. The Magistrates Court granted summary judgment on the 4th of March 2010 paving the way ...
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HB83-11 : TAURAI NYATSAMBO vs MTUNGWAZI FAMILY PROPERTIES and DEPUTY SHERIFF
Ruled By: NDOU J

The pith and marrow of this application is that the default judgment under HC1210/10 was not properly obtained. At the time of the hearing, the applicant had already been evicted. In other words, the judgment sought to be arrested by the interdict had been fully executed. To cater for this problem, part of the interim ...
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HB84-11 : HENRY SHONAI TODZANISO vs HELEN LADAS and KNIGHT FRANK and DEPUTY SHERIFF
Ruled By: NDOU J

At the time this application was launched, the applicant had been evicted from the premises although some of his property remained in the premises….,. More importantly though is the fact that when I heard the application the applicant had been fully evicted from the premises. All that he seeks, in effect, is his reinstatement into ...
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SC28-16 : ZIMBABWE REVENUE AUTHORITY vs PACKERS INTERNATIONAL (PRIVATE) LIMITED
Ruled By: ZIYAMBI JA, GOWORA JA and HLATSHWAYO JA

In addition, the appeal was launched after the garnishee was imposed, and, even assuming that the garnishee was illegal, the interdict could not serve to protect conduct that had already been effected and was thus in the past.
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HH16-09 : RICHARD ETHEREDGE vs THE MINISTER OF STATE FOR NATIONAL SECURITY RESPONSIBLE FOR LANDS, LAND REFORM AND RESETTLEMENT and SENATOR EDNA MADZONGWE
Ruled By: GOWORA J

However, as part of the interim relief sought, the applicant also sought an interdict in the following terms:“(b) That the respondent and all other persons claiming occupation and possession of Stockdale through them are interdicted from in any way interfering with the possession, control and use of Stockdale or of any property owned by or possessed ...
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SC43-14 : STREAMSLEIGH INVESTMENTS (PRIVATE) LIMITED vs AUTOBAND INVESTMENTS (PRIVATE) LIMITED
Ruled By: MALABA DCJ, GARWE JA and GOWORA JA

We were informed, from the bar, that the respondent proceeded to have the appellant ejected from the premises. Counsel for the appellant suggested that this court can issue an order for the reinstatement of the appellant to the premises instead of the interdict. Whilst this Court can issue the declaratur that the High Court ought ...
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HB110-16 : FELIX SANGU vs COMMISSIONER GENERAL OF POLICE and THE BOARD OF SUITABILITY and CHIEF SUPERINTENDENT MBENGWA
Ruled By: MATHONSI J

MALABA DCJ remarked as follows, in the case of Jangara v The Board President and Another SC288-15,…, whose force of law remains binding on me. He said: “The application seeks to interdict the convening (of) a Suitability Board that was due to sit on 3 June 2015. By the time the papers were placed before me, the ...
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HB129-16 : FANELE MAQELE and ALDRIN NYABANDO and TENDAI WARAMBWA vs VICE CHANCELLOR, PROFESSOR N.M BHEBHE N.O. and MIDLANDS STATE UNIVERSITY
Ruled By: MATHONSI J

Finally, counsel for the respondents submitted that the application must fail because the applicants approached the court late when the examinations had already commenced, when the door had already been closed. In the first place, the applicants filed this application on 18 May 2016 before commencement of the examinations on 19 May 2016. The delay in hearing the matter ...
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Appealed
SC45-18 : MISHECK MUZA vs REGGIE SARUCHERA and PRICE TRUST and MASTER OF THE HIGH COURT and REGISTRAR OF DEEDS
Ruled By: GWAUNZA DCJ, MAKARAU JA and BHUNU JA

The court a quo, correctly, found that the appellant was not entitled to the interim interdict that he was seeking. This is so because at the date of the hearing of the application before the court a quo the property in dispute had been transferred to the second respondent. This led the court a quo to find that the application before it ...
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HH377-15 : MISHECK MUZA vs REGGIE FRANCIS SARUCHERA (as liquidator of J. W. Jaggers Wholesalers PL) and PRICES TRUST and MASTER OF THE HIGH COURT and REGISTRAR OF DEEDS
Ruled By: MAFUSIRE J

On two occasions this matter appeared on my opposed motion court roll. And on two occasions I struck it off; on the second occasion with the tacit concurrence of both parties. The background to this case was this. The applicant had been an employee of J. W. Jaggers Wholesalers (Private) Limited (“Jaggers”) before it went bankrupt. Among the applicant's ...
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HH407-17 : MISHECK MUZA vs REGGIE SARUCHERA (as liquidator of J W JAGGERS WHOLESALERS PL) and PRICE TRUST and MASTER OF HIGH COURT and REGISTRAR OF DEEDS
Ruled By: MATANDA-MOYO J

This is an application to interdict the first respondent from transferring a certain piece of property, namely, Number 8 Prices Road, Emerald Hill, Harare to the second respondent, pending resolution of the rights of the applicant in the property….,. The first respondent opposed the order sought on the following grounds: 1. That the applicant had no right of ...
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HB231-16 : PRISCA MPOFU vs REGIS BANDA and JANE NEDDIE KASTON NO and THE SHERIFF OF ZIMBABWE NO
Ruled By: TAKUVA J

The history of this case is long and unfortunate in certain respects. The late Abson Kasekani (Abson) died intestate on 25 July 2008 at Wedza and his estate was registered with the Assistant Master of this court on 15 February 2010. The second respondent was appointed the executrix dative of that estate. It appears Abson Kasekani ...
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HB232-16 : MTUMANI MLAUZI vs EASY GAS (PVT) LTD and SHERIFF OF ZIMBABWE N.O. and MXOLISI MPOFU
Ruled By: TAKUVA J

In Straffuer Chemicals v Monstanto Co 1988 (1) SA 805 (T)…, HARMS J said; “…, the basis of an interdict is the threat, actual or implied, on the part of a defendant, that he is about to do an act which is in violation of the plaintiff's right and that actual infringement is merely evidence upon which the ...
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CC07-14 : MAYOR LOGISTICS (PVT) LTD vs ZIMBABWE REVENUE AUTHORITY
Ruled By: MALABA DCJ

An interdict is ordinarily granted to prevent continuing or future conduct which is harmful to a prima facie right pending final determination of that right by a court of law. Its object is to avoid a situation in which, by the time the right is finally determined in favour of the applicant, it has been injured ...
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SC37-17 : TM SUPERMARKETS (PVT) LTD vs AVONDALE HOLDINGS (PVT) LTD and SHERIFF OF ZIMBABWE
Ruled By: CHIDYAUSIKU CJ

Assuming that the applicant had indeed turned to being a statutory tenant, it would have no right at all to be reinstated into the premises since it had lost possession of the premises….,. All this goes to show that the applicant has no prima facie right to protect, whichever way one looks at the matter….,. The law ...
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HH353-14 : ZIMBABWE LAWYERS FOR HUMAN RIGHTS vs MINISTER OF TRANSPORT N.O. and ZIMBABWE NATIONAL ROAD ADMINISTRATION and ATTORNEY – GENERAL OF ZIMBABWE N.O.
Ruled By: MAFUSIRE J

The Toll Roads Act [Chapter 13:13] (“TORA”) empowers the Minister of Transport to declare, by regulation, any road to be a toll-road….,. On 4 July 2014, the Minister of Transport published statutory instrument 106 of 2014, namely, Toll Roads (Regional Trunk Road Network) (Amendment) Regulations, 2014 (No.5). It increased the toll fees across the board. In United ...
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HH349-14 : TRUSTEES OF THE S.O.S. CHILDREN'S VILLAGE ASSOCIATION OF ZIMBABWE vs BINDURA UNIVERSITY and MINISTER OF STATE, MASHONALAND CENTRAL and MINISTER OF LANDS and ATTORNEY – GENERAL
Ruled By: MAFUSIRE J

On 13 June 2014 the applicant filed an urgent chamber application for an order of spoliation. The order was sought in respect of a farm called Glen Avilin Estate. What triggered the application were the events that had occurred on the farm on 12 June 2014….,. In their opposing affidavits, the respondents strenuously denied that they had despoiled ...
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HB41-15 : CHITRINS GARAGE (PVT) LTD (In Provisional Liquidation) vs CHYCRY TRADING (PVT) LTD and DUMISANI MUTORERA
Ruled By: MOYO J

This is an urgent application wherein the applicant seeks an order that the Deputy Sheriff be authorized to enter the premises leased by the respondents and attach and seize all movable assets therein including motor vehicles.The applicant alleges, that, the respondents owe a total sum of $52,950 in rental arrears ...
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HH196-15 : G CHIPARAUSHE and 66 OTHERS vs TRIANGLE LIMITED and TRIANGLE SENIOR STAFF PENSION FUND
Ruled By: CHIGUMBA J

The court will not grant an interdict restraining an act already committed for the object of an interdict is the protection of an existing right; it is not a remedy for a past invasion of rights. As authority for this proposition see Performing Right Society Ltd v Berman 1966 (2) SA 355 (R)…,.
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HH213-18 : BULCHIMEX GmbH IMPORT-EXPORT CHEMIKALIEN und PRODUKTE and TECHNOIMPEX SOFIA BULGARIA JSC vs BULCHIMEX GMBH IMPORT EXPORT CHEMIKALIEN und PRODUKTE PL and SARAH HWINGWIRI and R. JOGI
Ruled By: MANGOTA J

The applicants are foreign legal entities. The first is a German company. It is owned by a Bulgarian Corporation. The second is a Bulgarian entity. It is a subsidiary of the first.Until 22 November 2017 the first applicant was the owner of a certain piece of land which is situated ...
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HH384-17 : NEWTON DONGO vs BABNIK INVESTMENTS (PVT) LTD and MESSENGER OF COURT
Ruled By: CHAREWA J

The applicant filed an urgent chamber application for a provisional order of stay of eviction as interim relief and a final order that he should remain in peaceful occupation of immovable property known being Stand number 107 of Salisbury Township, also known as Number 102 Harare Street, Harare.I heard the ...
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HH418-14 : TAKUDZWA CHIHOTA vs GIVEMORE MUNYARIWA AND 12 OTHERS and SHERIFF OF THE HIGH COURT (GWERU) and SUMMESTER STEEL PL
Ruled By: MATHONSI J

The first respondent obtained judgement against the third respondent and issued a writ in the sum of $11,821=12 against the third respondent's property on 14 May 2014.In pursuance thereof the first respondent instructed the Sheriff of this court to execute against the third respondent's property whereupon the Sheriff placed under ...
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Appealed
SC28-18 : NYAKUTOMBWA MUGABE LEGAL COUNSEL vs GETRUDE MUTASA and DIDYMUS MUTASA and SHERIFF OF ZIMBABWE
Ruled By: GARWE JA, MAKARAU JA and GUVAVA JA

This is an appeal against the judgment of the High Court of Zimbabwe ordering the return of all the goods belonging to the first and second respondents attached pursuant to a default judgment granted earlier by the same court against the second respondent.The judgment appealed against also ordered that the ...
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HH145-17 : GERTRUDE MUTASA and DIDYMUS MUTASA vs NYAKUTOMBWA & MUGABE LEGAL COUNSEL and SHERIFF OF THE HIGH COURT
Ruled By: TSANGA J

The first and second applicants, the Mutasas, are husband and wife. Before me, they seek a stay of execution and return of removed goods pursuant to a default judgement in a matter relating to unpaid legal fees for services purportedly rendered by the first respondent, Nyakutombwa Mugabe legal ...
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HH258-15 : TETRAD HOLDINGS LIMITED and OTHERS vs NATIONAL SOCIAL SECURITY AUTHORITY and THE SHERIFF FOR ZIMBABWE N.O.
Ruled By: MAFUSIRE J

This was an urgent chamber application for a stay of execution.It was filed on 6 March 2015. It was brought to my chambers at 17:15 hours three days later, i.e. on 9 March 2015. There were eleven applicants. Their case was that on 6 March 2015, i.e. the date the ...
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HH159-12 : URMILLA GIGA vs ALBION PROPERTIES and MESSENGER OF COURT HARARE and APPLISET INVESTMENTS (PVT) LTD
Ruled By: UCHENA J

The applicant was the first respondent's tenant at Number 5 Albion House, 74 Harare. She was evicted from the premises without being given 48 hours notice as provided by Rule 4A(1) of Order 26 of the Magistrate's Court (Rules 1980).She seeks an order of this court reinstating her into the ...
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HB198-11 : N & R AGENCIES (PVT) LTD and MARK ANDROLIAKOS vs THABANI NDLOVU and MACLEAN BHALA
Ruled By: MATHONSI J

In this urgent application filed on 5 December 2011, the two (2) applicants seek the following relief;“Terms of final order soughtThat you show cause to this