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Agency Law re: Acting on Behalf of Another iro Power of Attorney, Resolutions, Proxy, Negotiorum Gestio & Estoppel Conduct

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 ...
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HH92-09 : SUPA PLANT INVESTMENTS (PVT) LTD vs EDGAR CHIDAVAENZI
Ruled By: MAKARAU JP

The facts giving rise to this application are largely common cause. They are as follows:The applicant is in the farming business, operating a farm in Chakari. In October 2006, it set out to acquire a centre pivot irrigation system for its farm. Its Managing Director, duly authorized to act on ...
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HH123-09 : JOHN MANATSA vs ZONDAI CHIMBWANDA and GIVEMORE KARIMAZONDO and WILLARD DZOMBA and CITY OF HARARE
Ruled By: CHITAKUNYE J

The plaintiff's claim was for specific performance of an agreement of sale for the cession of personal rights and interests held jointly by the first defendant and second defendant in a property known as 5706 Muroro Crescent, Glen Norah B, Harare.The plaintiff asserted that he entered into the agreement with ...
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HB113-09 : MADUMELANA IMPORT AND EXPORT (PVT) LTD vs WATSON MPOFU
Ruled By: NDOU J

Faced with this dilemma, the deponent sought authorization from one of the current Directors. What the deponent is attempting to do is to ratify proceedings instituted without legal capacity. The power of attorney cannot operate retrospectively.
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HH53-10 : BERNARD SIMBANOUTA GATAWA vs W. NKATAZO
Ruled By: BHUNU J

The plaintiff was represented at the trial by his brother, one Onias Gatawa, duly authorized thereto by power of attorney granted to him by the plaintiff.
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HH91-10 : REVEREND R. J. SIBANDA and APOSTOLIC FAITH CHURCH vs MAGISTRATE RODNEY MZYECE N. O. and NCN MATIZA and K. BOSHA and O. GUMBO and THREE OTHERS
Ruled By: KARWI J

Onius Gumbo further said that the first applicant had no locus standi to represent the second applicant. Mr. Todd Phiri, besides not being an elder in the second applicant, does not have the locus standi to represent the second applicant and the first applicant. The first applicant brought these proceedings as Reverend R.S.Sibanda, in his ...
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HH198-10 : BIRCH WILLIAMS vs MARIA KATSANDE and DELITTE PRODUCTS (PRIVATE) LIMITED
Ruled By: MAWADZE J

The applicant seeks a provisional order in the following terms:-“Terms of the provisional order granted1. Respondents be and are hereby ordered to forthwith hand over a property listed in Annexture 'B' to the founding affidavit to the applicant upon service of this order.1(a) In the event of the respondents refusing ...
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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 wording of the special power of attorney does not appear to restrict the powers that have been given to Lovemore Magwenzi by the executor. It is, in my view, necessary to set out in full the wording of the special power of attorney. It states - "I, Lovemore Goredema born on 9 November 1948, and ...
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HH227-10 : MIKE MAKOPE vs GEOFFREY DZUMBUNU and REGISTRAR OF DEEDS N.O. and MINISTER OF LOCAL GOVERNMENT
Ruled By: MAVANGIRA J

Memory Chatambudza Makope was the first witness to give evidence on behalf of the plaintiff….,. He was involved in all transactions involving this matter and was always acting on behalf of his brother, the plaintiff. He produced a special power of attorney executed in his favour by the plaintiff.
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HH261-10 : ZENUS BANDA vs EUNICE TAYLOR, (substituted by) PAMELA LYNETTE YOUNG (EXECUTRIX of her Estate) and GABRIEL REAL ESTATES and REGISTRAR OF DEEDS and MRS V MATEKO
Ruled By: UCHENA J

The fourth defendant's case Miss Varaidzo Mateko, the fourth defendant, stays in the United Kingdom. She did not come to testify. Her brother, Godfrey Mateko, whom she gave a special power of attorney, testified on her behalf.
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HH201-10 : MABONDE AGRICULTURAL SERVICES and JACOB MABONDE and HAZEL MOYO vs SENTRIDGE INVESTMENTS (PRIVATE) LIMITED and PK CHIVAURA and O CHIKONYORA and OTHERS
Ruled By: BHUNU J

The facts in this case are basically as outlined in my interim judgment of 8 April 2008. The facts are as follows: The first plaintiff, Mabonde Agricultural Enterprises (Pvt) Ltd, is a duly registered company in terms of the laws of this country. It is the owner of two pieces of land known as Estantia Farm, ...
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HH73-13 : SIBONGILE KAZIBONI vs CHAMPION CONSTRUCTION (PRIVATE) LIMITED
Ruled By: MATHONSI J

Two witnesses testified at the trial on behalf of the plaintiff. The first to testify was Gloria Rondozai who represents the plaintiff by virtue of a power of attorney executed by the plaintiff in Portsmouth, United Kingdom. She is the one who signed the Agreement of Sale on behalf of the plaintiff on 3 ...
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HH672-15 : TRINITY ENGINEERING (PVT) LTD vs RUSSELL KARIMAZONDO and MAXIFIX (PVT) LTD and TELECEL ZIMBABWE (PVT) LTD and PEOPLE'S OWN SAVINGS BANK and THE REGISTRAR OF DEEDS
Ruled By: MATHONSI J

When matters of the family end up in court, finding the truth in the maze of family disputation, especially when a loving father and husband finds himself having to choose between members of his family, is the proverbial searching for a needle in a haystack. Never mind that this is litigation mainly between incorporations ...
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HH07-09 : CATHERINE CHIWAWA vs APOSTOLOS MUTZURIS and PANAYOTA MUTZURIS and GRAMMATIKI MUZTURIS and IRENE MUTZURIS and THE REGISTRAR OF DEEDS
Ruled By: MAKARAU JP

On 29 November 2006, the plaintiff issued summons against the defendants seeking an order compelling the defendants to pass transfer of certain immovable property to her. She also sought an order evicting the defendants and all those occupying through the defendant from the property in dispute. As the basis for her claims, the details of which appear ...
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HH111-09 : ELLEN SIMON vs FUNDA SAIMON
Ruled By: KUDYA J

The plaintiff sues for the eviction of the defendant from her plot while the defendant counter-sues for the transfer of title, rights and interest in a portion of the same plot. The plaintiff testified and called the evidence of two other witnesses who were her daughter, Eneresi Simon, and an employee of the Epworth Local Board, Cagewell ...
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HH229-17 : ALEXIOS CHIGAAZIRA vs SHAKE MUSEVE and LAURA MUKWEKWE and RAPHAEL GABRIEL
Ruled By: DUBE J

The applicant brings an application to compel the return of his biscuit-making equipment which is in the possession of the first and second respondents. The applicant's case is based on the following facts. He owns the biscuit making equipment. The applicant was in the business of biscuit-making with the third respondent. When production was shelved for a while, in ...