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Urgency re: Land Reform, Spoliation or Mandament van Spolie Proceedings and Property Disputes

HH40-09 : DODHILL (PVT) LTD and SIMON KEEVIL vs THE MINISTER OF LANDS AND RURAL RESETTLEMENT and NYASHA CHIKAFU
Ruled By: BERE J

The first applicant is Dodhill (Pvt) Ltd, a company with limited liability duly registered in accordance with the laws of Zimbabwe. The second applicant is the director and shareholder of the first applicant.The first respondent is the Minister of Lands and Rural Resettlement, cited in his capacity as the acquiring ...
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HH19-07 : PONDORO (PVT) LTD and DOUGLAS TAYLOR-FREME vs MENDE NEMAKONDE and THE MAGISTRATE, CHINHOYI
Ruled By: HUNGWE J

This matter was placed before me under a certificate of urgency on 17 January 2008. I gave directions that it be heard the following day as I deemed it appropriate that the Rules of Court be dispensed with in the interests of achieving justice in this particular matter.
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HH111-12 : DARLINGTON SIREWU vs WAYNE (GALLOP) SWALES AND ANOTHER
Ruled By: CHIWESHE JP

This court has previously held that matters pertaining to land disputes should be heard on an urgent basis, as follows: "Having regard to the importance of land disputes, the need to provide order, peace and tranquillity and the restoration of legality on the land, there is need to resolve such disputes with a measure of urgency..., ...
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HH95-09 : FORRESTER ESTATE P/L vs MUTUMWAPAVI CHARLES RITCHIE VENGESAYI
Ruled By: CHATUKUTA J

Counsel for the respondent raised a point in limine that the application was not urgent because the respondent's conduct did not amount to spoliation. He submitted that the determination of the preliminary issue would entail determination of the merits of the application. On that basis I considered it expedient to deal with the merits.
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HH148-09 : BOK ESTATES (PRIVATE) LIMITED vs HUBERT MASARA AND MR MASARA AND MR MAKANDA AND MINISTER OF STATE FOR NATIONAL SECURITY, LANDS, LAND REFORM AND SETTLEMENT
Ruled By: BERE J

The aspect of bringing this matter on an urgent basis was vehemently challenged by counsel for the first and second respondents. Counsel for the applicant was of a very strong view that given the averments as contained in the certificate of urgency, as well as the applicant's founding affidavit, looked at in conjunction with what the ...
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HH152-10 : MARATHON GROUP OF COMPANIES T/A HARRISON AND HUGHSON (PVT) LTD vs ALSTOM ZIMBABWE (PVT) LTD and MESSENGER OF COURT, HARARE
Ruled By: MUTEMA J

This is an urgent chamber application for a provisional order whose interim relief sought was couched in these terms:“1. That the second respondent be and is hereby ordered to stay ejectment of applicant from the premises known as 93 Coventry Road, Harare pending the hearing of this urgent application for ...
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HH232-10 : ANDREW RICHARD BRUFORD vs THE ATTORNEY GENERAL and THE MINISTER OF LANDS AND RURAL RESETTLEMENT and MAGISTRATE JARABINI and OTHERS
Ruled By: CHIWESHE JP

The first respondent also contends that this application is not urgent because the applicant does not have any right to the land in question as such had become the property of the State by operation of law. The applicant has neither a permit, offer letter, nor lawful authority to occupy State land. Any other defence ...
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HH234-10 : RODGERS MADANGURE vs SHATO LUFEYI and DAYNDALE ENTERPRISES (PRIVATE) LIMITED and MUGEJO MAKONI
Ruled By: GOWORA J

As regards urgency counsel for the first and second respondents contended that although he was aware of the Rule that spoliation proceedings are ordinarily urgent, it does not stop the point being taken that a particular matter should not be brought to court on an urgent basis. He submitted that a party who does ...
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HH148-11 : HUDSON JOSTINO ZHANDA and IRENE ZHANDA vs T.J GREAVES (PVT) LTD and T.J. GREAVES and THE HON. HERBERT MURERWA N.O.
Ruled By: BHUNU J

Secondly, it was argued that the matter is not urgent because the applicants only approached the first respondents in April after being issued with the offer letter at the end of November 2010. There were further delays resulting in this application being filed belatedly on 29 June 2011. Having regard to the importance of ...
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HH174-11 : TAFIREYI NYIKADZINO vs JOHN CAMERON ASHER and MINISTER OF LANDS & RURAL RESETTLEMENT and THE DEPUTY SHERIFFF
Ruled By: MUTEMA J

So from October 2009, the applicant was aware that the first respondent was at liberty to execute his eviction from the farm. What then did he do? Nothing for about 1½ years until he got a Notice of Removal advising that he would be ejected on 13 July 2011 when he filed the ...
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HH48-14 : WINSLEY MILITALA N.O. and QV PHARMACIES PRIVATE LIMITED (Under Provisional Judicial Management) vs MUTUAL FINANCE PRIVATE LIMITED and MESSENGER OF COURT and SHINGIRAI USHEWOKUNZE
Ruled By: CHIGUMBA J

This is an urgent chamber application for a provisional order in which the applicants seek the following relief: “TERMS OF FINAL ORDER SOUGHT That you show cause to this Honorable Court why a final order should not be made in the following terms: 1. That it be and is hereby declared that applicant, his representatives, employees and ...
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HH13-15 : MICHAEL BASIKITI vs CHIVERO STANELY MDOKWANI and MINISTER OF LANDS AND RURAL RESETTLEMENT and DEPUTY SHERIFF, MARONDERA
Ruled By: NDEWERE J

The second point in limine by the first respondent is whether the application is urgent. After having regard to Kuvarega v Registrar General and Anor 1998 (1) ZLR 188 (H), I am of the view that this case falls into the category of self-created urgency. The dispute between the parties has been on-going since 2009 ...
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SC66-18 : PATRICK MAKAVA vs ROSEMARY MUTINGWENDE and MINISTER OF LANDS AND RURAL RESETTLEMENT
Ruled By: GWAUNZA DCJ, GOWORA JA and MAKONI JA

GROUND 2 Counsel for the appellant contended that the finding by the court a quo that the matter was urgent “boggles the mind”. The first respondent had, on 28 April 2017, filed a Court Application in HC3759/17 seeking to interdict the appellant from conducting any activities on the farm and his eviction from the farm. The urgent application was filed on ...
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HB154-16 : FORBES & THOMPSON (BULAWAYO) (PVT) LTD vs THE ZIMBABWE NATIONAL WATER AUTHORITY and TIMOTHY KADYAMUSUMA
Ruled By: MOYO J

At the beginning of the matter, counsel for the respondent sought to object to the proceedings as not being urgent. I advised him that, in my view, the matter was urgent hence my decision to set it down. It cannot be said where mine or a community has water supplies cut off arbitrarily that matter ...
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HB233-16 : DOUGLAS NDLOVU vs THABO MASUKU
Ruled By: TAKUVA J

As regards the first issue, whether this application is urgent, the starting point is Rule 244 of the High Court Rules 1971. It states; “Where a chamber application is accompanied by a certificate from a legal practitioner in terms of paragraph (b) of subrule (2) of Rule 242, to the effect that the matter is urgent, ...
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HB252-16 : ROBERT MAFU and 54 OTHERS vs AGRICULTURAL & RURAL DEVELOPMENT AUTHORITY (ARDA) and TREK PETROLEUM
Ruled By: MAKONESE J

The applicants seek an interim order in the following terms: “1. That pending confirmation or discharge of this provisional order applicant be and is hereby ordered to immediately cease evicting, demolishing and/or interfering with the applicants' homesteads, farming and grazing land, and to immediately restore applicants to their occupation and possession of their homesteads, farming, and grazing land. 2. In ...
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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

The first point in limine was that the matter was not urgent because a similar application had been made in 2011 and that it had been dismissed….,. With particular regard to the question of urgency I dismissed it because the first respondent had expressly conceded that a spoliation application is generally urgent by its very nature….,.
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HH213-15 : BERNARD DUMBURA vs CHIEF LANDS OFFICER (MASH CENTRAL) (NO) and GEORGE MANYAME
Ruled By: NDEWERE J

The applicant was issued with an offer letter, Annexure A on 7 October 2004 for Subdivision 2 of Pimento Farm in Bindura District measuring 46 hectares.On 28 November 2014, the applicant received a note from the Provincial Chief Lands Officer advising him of a re-planning of the land carried out ...
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HMT09-18 : MUBUSO CHINGUNO vs MINISTER OF LANDS, AGRICULTURE AND RURAL RESETTLEMENT and PROVINCIAL LANDS OFFICER MANICALAND and DISTRICT LANDS OFFICER CHIPINGE and COLONEL MAKUYANA
Ruled By: MWAYERA J

The applicant approached the court through the Urgent Chamber Book seeking for an interdict pendente lite.The order sought seeks to restrain the respondents, in particular the fourth respondent, from evicting and or disrupting the applicant's farming activities at Subdivision 11 of Chipinge West Annex pending the finalisation of proceedings under ...
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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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SC86-20 : CONSTANTINE CHIWENGA vs MARRY MUBAIWA
Ruled By: GWAUNZA DCJ, GARWE JA and BHUNU JA

This is an appeal against the whole judgment of the High Court handed down on 24 January 2020. The appeal seeks to impugn the court a quo's order awarding custody of the parties' three minor children to the respondent upon the separation of the parties.The appellant also challenges the jurisdiction ...
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HH634-15 : TETRAD HOLDINGS (PVT) LTD and OTHERS vs NATIONAL SOCIAL SECURITY and OTHERS
Ruled By: BHUNU J

On 28 May 2014 the first respondent, National Social Security Authority, obtained default judgment against the 11 applicants. The default judgment reads:“WHEREUPON after reading documents filed of record and hearing counsel;IT IS ORDERED That:1. The 1st, 2nd, 3rd, 4th, 5th, 6th, 7th, 8th, 9th, 10th, and 11th defendant(s) be and ...
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HH177-17 : GILBERT JONGA vs NYASHA CHABATA
Ruled By: CHATUKUTA J

The applicant seeks an interdict restraining the respondent from interfering with his farming operations at Subdivision 3 of Farm 45, Glendale (the farm).This is not the first time that the parties are before this court. The parties are fighting over who has the right to occupy the farm which belongs ...
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HH240-18 : KENNETH SCHOFIELD vs FBC BANK LIMITED and THE SHERIFF OF THE HIGH COURT OF ZIMBABWE N.O.
Ruled By: CHIKOWERO J

On 27 April 2018 the applicant filed an urgent chamber application for suspension of a sale in execution of a dwelling in terms of Rule 348A(5b) of the High Court Rules, 1971.In line with Rule 348A(6) l treated this matter as urgent. I caused it to be set down for ...
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HH318-15 : DAVID JACK and OTHERS vs LLOYD MUSHIPE (in his capacity as joint executor of Estate Late Keresia Jack) and OTHERS
Ruled By: CHITAKUNYE J

The applicants (David Jack, Theresia Jack and Theresa Jack) and the first to fourth respondents (Lloyd Mushipe, Simbarashe Mushipe, Jesca Mushipe and Keresia Mushipe) are children of the late Keresia Jack who died intestate on 15 March 1997. The late Keresia Jack's estate comprises an immovable property, namely, House ...
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HH417-18 : STUTTAFORDS REMOVALS (PVT) LTD vs ZIMBABWE ASSET MANAGEMENT CORPORATION (PVT) LTD and YCOB INVESTMENTS (PVT) LTD
Ruled By: CHIKOWERO J

I have no doubt at all that this application is not urgent.Upon receipt of the application, on 3 July 2018, I perused same and instructed that it be set down for hearing on 5 July 2018 at 9:00am.The second respondent was not cited. It was not a party to the ...
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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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HH480-21 : EZEKIEL CHINOINGIRA vs BALWEARE HOLDINGS (PVT) LTD and SABRE SERVICES (PVT) LTD
Ruled By: MUCHAWA J

This is an urgent chamber application in which the interim relief sought is that the first respondent be barred and interdicted from evicting the applicant from a certain farm known as “the remainder of Westhey, Sabonabon Estate, Kadoma arbitrarily without a court order.As a final order, it is prayed that ...
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HH974-15 : GUGULETHU HURASHA vs CENTRAL AFRICAN BUILDING SOCIETY and FIRST CAPITAL PLUS and ITAYI MUNYEZA and SHERIFF OF ZIMBABWE and MASTER OF THE HIGH COURT
Ruled By: NDEWERE J

The applicant and the third respondent divorced on 16 January 2014 in Case No. HC7328/13.In terms of a consent paper concluded on 14 November 2013, which became part of the divorce order of 16 January 2014, the applicant and the third respondent agreed to give their matrimonial home, Stand No.17074 ...
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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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HH91-09 : SANANGURAI GWARADA vs KEVIN JOHNSON and MR WILLIAMSON and BERNARD CHOTO
Ruled By: GOWORA J

This matter came before me by way of an urgent chamber application.At the initial set down date, the legal practitioners indicated that they wished to file written submissions and the matter was accordingly postponed for that purpose.In view of the legal issues that were apparent from the affidavits, and that ...
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HB46-15 : ZENZO NTULIKI vs TIMOTHY SEAN WHITE and OFFICER COMMANDING MATEBELELAND SOUTH PROVINCE and THE SHERIFF OF ZIMBABWE N.O.
Ruled By: MOYO J

This is an application wherein the applicant seeks a provisional order whose interim relief is couched as follows:“(1) That the applicant shall be allowed unhindered access to the farm known as Lot 2 of Lot 36 Essexvale also known as Avalon Farm, Esigodini and to carry out thereupon all normal ...
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HH118-18 : PINKSTONE MINING (PVT) LTD and TIMOTHY MATANGI and AFRICAN MILLS & MINERALS (PVT) LTD vs LAFARGE CEMENT ZIMBABWE LTD and MINISTER OF MINES AND MINES DEVELOPMENT
Ruled By: ZHOU J

This is an urgent application for an order interdicting the first respondent from carrying on mining operations on the applicant's mineral claims described in the papers as Contrica 9 Registered Number 23331BM; Contrica 21 Registered Number 24482BM; Contrica 45 Registered Number 24866BM; and Contrica 46 Registered Number 24867BM.The order also ...
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HH11-17 : ANDREW PASCOE vs MINISTRY OF LANDS AND RURAL RESETTLMENT and W. BUNGU and THE ATTORNEY GENERAL N.O.
Ruled By: CHITAPI J

In this application, the applicant seeks the following relief as set out in the provisional order:“TERMS OF FINAL ORDER SOUGHT1. That it be and is hereby declared that second respondent's dispossession of certain land and buildings in respect of applicant's offer letter for a certain piece of land described as ...
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HH391-17 : ANDREW PASCOE vs MINISTRY OF LANDS & RURAL RESETTLEMENT and W. BUNGU and THE ATTORNEY GENERAL N.O.
Ruled By: FOROMA J

This is an urgent chamber application in terms of which the applicant seeks the following relief as set out in the provisional order:“TERMS OF FINAL ORDER SOUGHTThat you show cause to this Honourable Court why a final order should not be made in the following terms:1. That, it be and ...
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HB58-15 : TRIANIC INVESTMENTS (PVT) LTD and MEYER DRAY vs NQOBILE KHUMALO and FRANCESCA MUFAMBI and OFFICER-IN-CHARGE (FILABUSI) ZIMBABWE REPUBLIC POLICE
Ruled By: MOYO J

This is an urgent application. The interim relief sought is couched in the following manner:“(1) That, execution of case number 2167/14 be and is hereby stayed pending the finalization of the application for rescission of judgment under HC141/15.(2) The respondents be and are hereby interdicted from interfering with the mine ...
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HMA47-19 : TRIANGLE LIMITED and HIPPO VALLEY ESTATES LIMITED vs ZIMBABWE SUGAR MILLING INDUSTRY WORKERS UNION (ZSMIWU) and OTHERS
Ruled By: WAMAMBO J

The applicants filed an Urgent Chamber Application on 26 September 2019. The first to seventh respondents (Zimbabwe Sugar Milling Industry Workers Union, Godfrey Katerere, Brawl Chikandiwa, Tavonga Vandirai, Lucia Chirilele, Nokhutula Dube and Faster Gono) filed opposing papers on the date of the hearing.The 8th to 14th respondents (Berrington Zvanyanya, ...
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HMA55-19 : GREAT ZIMBABWE UNIVERSITY vs NESBERT MAREVERWA
Ruled By: WAMAMBO J

The applicant seeks a rei vindicatio order. It seeks to recover its property retained by the respondent.The applicant is a body corporate duly constituted in terms of the Great Zimbabwe University Act [Chapter 25:24].The respondent was an employee of the applicant holding the position of Chief Security Officer.The respondent holds ...
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