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Urgency re: Commercial and Humanitarian Considerations and Interests of Minors

HB33-09 : CASTRO NDLOVU vs IAN DAVID GUTHERLESS N.O. and DONALD MAZWI SIBINDI and DIDYMUS MUTASA N.O. and THE MASTER OF THE HIGH COURT and THE REGISTRAR OF DEEDS-BULAWAYO
Ruled By: KAMOCHA J

The present applicant, Castro Ndlovu, was personally served with the application on 17 December 2008 but did nothing about the matter, and the...., order was granted by default. He only reacted when eviction was about to be effected in terms of the court order, and filed this urgent chamber application seeking a provisional order whose interim relief ...
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HB89-09 : DUMISANI NCUBE vs THE ZIMBABWE REVENUE AUTHORITY (ZIMRA)
Ruled By: NDOU J

The second point in limine is whether the application is urgent. The first ground of urgency given by the legal practitioner in the certificate of urgency, and the applicant, in the founding affidavit, is that the petrol should be released. The impression created is that the petrol is still in the custody of the respondent, when, in fact, ...
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HH150-10 : STRAUSS LOGISTICS LIMITED (UK) vs BP & SHELL MARKETING SERVICES (PRIVATE) LIMITED and SHELL ZIMBABWE (PRIVATE) LIMITED and BP ZIMBABWE (PRIVATE) LIMITED
Ruled By: PATEL J

Moreover, it is submitted for the respondents', the reason for the application is stated in the founding affidavit..., as being the imminent sale of the first respondent. However, on the papers before the Court, no such sale of shares or assets in the first respondent is presently envisaged. The applicant's claim lies exclusively against the ...
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HH170-10 : ASSESTFIN (PVT) LIMITED vs ANTONY PAREWA and PAUL CHIDAWANYIKA and TAKTA INVESTMENTS (PVT) LIMITED and CHIGWANDA AND ASSOCIATES LEGAL PRACTITIONERS and REGISTRAR OF DEEEDS
Ruled By: MAVANGIRA J

This is an urgent chamber application in which the applicant seeks the following relief - “TERMS OF FINAL ORDER SOUGHT The respondents should show cause why a final order should not be made in the following terms - 1. Respondents be and are hereby interdicted from transferring Stand No.140 Christon Bank Township of Maryvale of Mgutu of Great B, ...
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HH172-10 : COTTON GINNERS ASSOCIATION vs SINO ZIMBABWE COTTON HOLDINGS (PVT) LTD and AGRICULTURAL MARKETING AUTHORITY
Ruled By: CHIWESHE JP

In this urgent chamber application, the applicant, established in January 2006 to represent and coordinate companies in the cotton industry in Zimbabwe, seeks a provisional order against the first respondent in the following terms - “TERMS OF THE FINAL ORDER SOUGHT 1. The first respondent is hereby interdicted from purchasing any contracted seed cotton from growers ...
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HH101-11 : HERENTALS COLLEGE (PRIVATE) LIMITED vs RELEASE POWER INVESTMENTS (PRIVATE) LIMITED and ONIYAS GUMBO and MR CHINYAMUCHIKO (In his capacity as the Headmaster of Cold Comfort Primary School)
Ruled By: BERE J

From the papers filed, coupled with the detailed submissions made by both counsel, it is apparent that the applicant and the first respondent are literally fighting over the ownership of Stand Number 7953 Tynwald of Stand 7739 Tynwald Township, Harare. The conflict between the two parties has manifested itself mainly over the control of the ...
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HH01-11 : MUROWA DIAMONDS vs COMMISSIONER GENERAL OF THE ZIMBABWE REVENUE AUTHORITY
Ruled By: GOWORA J

It was contended that if the relief sought was not granted the applicant would suffer loss. What that loss constitutes has not been stated. Indeed, it would be contradictory for the applicant to seek to establish irreparable harm. In paragraph 17 of the founding affidavit, it is stated that the applicant is a company with considerable ...
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HH328-13 : NORTHERN FARMING [PVT] LTD vs VEGRA MERCHANTS [PVT] LTD t/a VEGRA COMMODITIES and CHENA MILLERS (PVT) LTD
Ruled By: MAFUSIRE J

The first respondent's point in limine was that the matter was not urgent. However, its basis for saying so was in effect its only major point on the merits. It was argued that in the absence of an award or judgment in its favour it was premature for the applicant to seek an ...
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HH334-13 : MAXWELL MATSVIMBO SIBANDA vs TSANGA TIMBERS and RICHARD SAZIYA and PARKS & WILDLIFE MANAGEMENT AUTHORITY OF ZIMBABWE and OTHERS
Ruled By: BHUNU J

Counsel for the third respondent raised the following issues in limine. He submitted that the certificate of urgency was not proper as it was signed by the same legal practitioner as that representing the client. He further submitted that as the problem was declared as a dispute in April 2012, if there was indeed any ...
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HH351-13 : SOVEREIGN EMPOWERMENT CENTRE and HACHIM KITCHENS PL and KINGDOM EMBASSY ZIM and STUARTSON INVESTMENTS PL vs OLD MUTUAL INVESTMENT GROUP PROPERTY INVESTMENT ZIM PL and THE SHERIFF (N.O.)
Ruled By: MANGOTA J

The applicant's, in the chamber urgent counter- application, further reason for bringing the application on an urgent basis was anchored on what it termed 'a clear case of commercial and moral urgency of a continuing nature'. It stated that vacant possession of the premises should have been given to the contractors on 23 September ...
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HB64-11 : ARJUN INVESTMENETS (PVT) LTD vs THOMAS MUTAMBIRWA and FLORENCE VENTER and SARAH NDLOVU and TENDAI CHIEZA and OTHERS
Ruled By: CHEDA J

(3) URGENCY The respondents argued that this is a 2008. They therefore query why it was now being brought up as an urgent matter. The property was condemned not to be suitable for human habitation as was back as September 2008. The defect remains to date. In my opinion, the fact that it remains in that ...
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HB85-11 : SISA MPUNZI (NEE MOYO) vs DUBUZA RATION MPUNZI and REBECCA MOYO
Ruled By: NDOU J

The applicant has made false averments on the plight of the children to win the court's sympathy. On the basis of such falsehoods, the application should fail – Venter vs Van Groan 1929 TPD 435 and Graspeak Investments P/L vs Delta Corporation P/L Anor 2001 (2) ZLR 551 (H)…,. The applicant has used…, falsehoods and misrepresentations ...
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HH68-14 : FAIRDROP TRADING (PRIVATE) LIMITED vs THE ZIMBABWE REVENUE AUTHORITY
Ruled By: MAFUSIRE J

The next objection in limine raised by counsel for the respondent was that the application was not urgent. The garnishees had been imposed from since July 2013 to November 2013. The last had been on 16 January 2014. The need to act had arisen much earlier than 4 February 2014 when the urgent chamber application had ...
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HH71-14 : FALCON JUNIOR SCHOOL vs HATFIELD PRESBYTERIAN CHURCH
Ruled By: MWAYERA J

I will deal with the first point. It is clear from the certificate of urgency that the applicant is decrying that they have been disturbed of their lawful possession, and, as such, cannot carry on with their activities at the school. This was further buttressed in the founding affidavit, and, in the oral submissions, the ...
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HH87-14 : MUTUMWA MAWERE and SMM HOLDINGS LTD and THZ HOLDINGS LTD and AFRICA RESOURCES LTD vs MINISTER OF MINES AND MINING DEVELOPMENT and ZIMBABWE MINING DEVELOPMENT CORP and AFARAS GWARADZIMBA
Ruled By: MANGOTA J

The respondents' second matter in limine was, or is, that the present application is not urgent. The applicants, on their part, insisted that the application was urgent. The urgency of the application, they said, arose from two matters which were that:- (a) The first applicant received a warrant of execution; and (b) The attorneys of the ...
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HB128-11 : BEITBRIDGE BULAWAYO RAILWAY (PVT) LTD vs ZIMBABWE AMALGAMATED RAILWAY WORKERS UNION
Ruled By: NDOU J

The salient facts of this matter are the following. The respondent filed a court application under HC1524/09. This is the main substantive case to all these and many other peripheral cases which now seem to clutter the real issues between the parties. Under HC1524/09 the respondent seeks to set aside an award by arbitrator, Mrs Gladys ...
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HH185-14 : THE WATTLE COMPANY LTD vs JOHN GADZIKWA and THE DEPUTY SHERIFF
Ruled By: TAGU J

The applicant detailed its reasons for filing this application on a certificate of urgency. Inter alia, it stated that it became aware of the court order on 11 April 2014 at the time of attachment of its assets. In relation to the present application, counsel for the applicant, who certified this matter as urgent, stated that ...
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HH199-14 : TENILLE WHITBY vs MARCEL WHITBY and THE IMMIGRATION OFFICER and EVANS SIZIBA
Ruled By: MATANDA-MOYO J

Justice GUVAVA J…, issued an order in HC5759/12 on 16 January 2014 as follows; 1) That the continued retention of the minor child, C (born 24 January 2009) by the respondent (applicant herein) be and is hereby declared unlawful. 2) The respondent shall return the said minor child to the country of habitual residence, namely, England, within ...
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Appealed
HH328-14 : PACKERS INTERNATIONAL (PRIVATE) LIMITED vs ZIMBABWE REVENUE AUTHORITY
Ruled By: CHIGUMBA J

URGENCY In terms of Order 22 Rule 244, where a chamber application is accompanied by a certificate from a legal practitioner in terms of paragraph (b) of sub-rule (2) of Rule 242 to the effect that a matter is urgent, giving reasons for its urgency, the registrar shall immediately submit it to a judge who ...
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HB108-14 : ELIPHAS KAWA vs VICTOR MUZENDA and THE ASSISTANT MASTER OF THE HIGH COURT and THE REGISTRAR OF DEEDS and VICTOR MUZENDA N.O. and ZEXCOM (PVT) LTD
Ruled By: TAKUVA J

As regards urgency, it was argued that there is urgent need to interdict the first respondent from continuing to access the funds of ZEXCOM (Pvt) Ltd and masquerade as liquidator of ZEXCOM (Pvt) Ltd or as provisional liquidator. In respect of irreparable harm, it was submitted that if the applicant does not obtain the relief sought ...
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SC71-14 : EDWARD TAWANDA MADZA and OTHERS vs REFORMED CHURCH IN ZIMBABWE DAISYFIELD TRUST and REFORMED CHURCH OF ZIMBABWE and NAISON TIRIVAVI and DUTCH REFORMED CHURCH
Ruled By: ZIYAMBI JA, GARWE JA and HLATSHWAYO JA

URGENCY The appellants claimed that it was their discovery that money was being fleeced out of the school's finances which gave rise to the urgency and not the fact that the Trustees had authorised other persons to run the school. In particular, they claimed that what triggered the application was their discovery, on the 15th ...
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SC03-15 : PORTLAND HOLDINGS LIMITED vs TUPELOSTEP INVESTMENTS (PROPRIETARY) LIMITED and TOBACCO WAREHOUSE & EXPORT t/a BAK LOGISTICS
Ruled By: ZIYAMBI JA, GOWORA JA and OMERJEE AJA

Portland also alleged urgency on the premise that cement had a limited shelf life and that any delay in access to the product for purposes of sale would result in economic loss. Whilst accepting that the law recognised economic loss as a factor for urgency, the court rejected an argument for the granting of ...
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HH722-15 : GOLDEN REEF MINING (PRIVATE) LIMITED and FERBITT INVESTMENTS (PRIVATE) LIMITED vs MNJIYA CONSULTING ENGINEERS (PTY) LIMITED and THE SHERIFF-GWERU N.O. and THE SHERIFF-MT DARWIN N.O.
Ruled By: MANGOTA J

The legal practitioner who prepared the certificate of urgency…, stated, further, that seeking any redress from the first respondent, which is a foreign company, after execution had occurred, would not only be very difficult, but, would also be a costly exercise. It is not in dispute that the first respondent is a foreign company. ...
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HB99-16 : PELLADILLO INVESTMENTS (PVT) LTD vs RWAINDEPI MADONGORERE and DEPUTY SHERIFF GWERU N.O.
Ruled By: TAKUVA J

The applicant contended that this application is urgent in that its valuable property was attached on 23 February 2016 with the removal set for anytime after the 26th day of February 2016. The applicant filed this application on 29 February 2016.
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HH446-15 : TELECEL ZIMBABWE vs POSTAL AND TELECOMMUNICATIONS REGULATORY AUTHORITY and MINISTER OF INFORMATION TECHNOLOGY N.O. and CHIEF SECRETARY, OFFICE OF PRESIDENT and EMPOWERMENT CORPORATION
Ruled By: MATHONSI J

This is a matter which cannot wait at all because the operation of the Regulatory Order started immediately and in 30 days the applicant would have to close with all the attendant consequences.
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HH225-15 : RITA MARQUE MBATHA vs CONFEDERATION OF ZIMBABWE INDUSTRIES
Ruled By: CHATUKUTA J

The applicant submitted that the urgency of the matter arose from the fact that she is of poor health and requires urgent medical attention in the United States. The matter must therefore be heard urgently as she is not aware of how long she will be away. Further, she submitted that she was not ...
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HH79-15 : NELSON DZIRUTWE vs DAIRIBOARD ZIMBABWE LIMITED and ADDITIONAL SHERIFF, MUTARE
Ruled By: BHUNU J

The matter is undoubtedly urgent as the applicant and his family are in danger of being thrown into the streets in circumstances where he has an arguable case both in this court and on appeal.
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HH120-15 : ROY NYABVURE vs HILDA KIRIMI
Ruled By: TAGU J

In casu, it is not in dispute that both applications are urgent. They are urgent because both applications concern the rights and interests of children. Children are entitled to adequate protection by the courts, in particular by the High Court as their upper guardian. This is enshrined in the Constitution of Zimbabwe.
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HH139-15 : MANLINE FREIGHT (PTY) LTD vs PETER KANENGONI and OTHERS
Ruled By: MAFUSIRE J

This matter was classically a case of commercial urgency as defined in such cases as Silver's Trucks (Pvt) Ltd Anor v Director of Customs and Excise 1999 (1) ZLR 490 (H) and 20th Century Fox Film Corporation Another v Anthony Black Films (Pty) Ltd 1982 (3) SA 582. The court has power to hear an application as a matter ...
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CC07-14 : MAYOR LOGISTICS (PVT) LTD vs ZIMBABWE REVENUE AUTHORITY
Ruled By: MALABA DCJ

An examination of the founding affidavit reveals that the applicant bases its claim for an order that the main application be heard on an urgent basis on the allegation that the respondent wrongly assessed its tax liability. The allegation is that payment of the tax will destroy the applicant's business. The applicant sees in the ...
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HB234-16 : JONATHAN DUBE vs SIYAPHUMELELA COLLECTIVE FARMING CO-OPERATIVE SOCIETY and DEPUTY SHERIFF
Ruled By: TAKUVA J

As regards urgency, the applicant submitted that the application is urgent in that he has 368 cattle on the farm and if he is evicted he does not have another place to put them. He will therefore suffer irreparable prejudice as there is a real risk that the cattle might be lost or stolen. Further, the applicant ...
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HH225-11 : KERENZA MUSHATI vs LUISE KUDAKWASHE MUSHATI and SMART MTETWA and REGISTRAR OF DEEDS
Ruled By: MAWADZE J

According to the applicant, this matter is urgent because of the following reasons: (a) That the property in issue is matrimonial residence where the applicant lives with the three children hence if it is clandestinely disposed of irreparable harm and prejudice would be occasioned to the applicant and the children who would be rendered homeless; (b) That the first ...
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HMA37-18 : AMALGAMATED RURAL TEACHERS UNION OF ZIMBABWE [2] and OBERT MASARAURE vs ZIMBABWE AFRICAN NATIONAL UNION [PATRIOTIC FRONT] and MINISTER OF PRIMARY AND SECONDARY EDUCATION
Ruled By: MAFUSIRE J

The first respondent does not dispute the urgency of the matter….,. In my judgment in the original application, I made a positive finding that the respondents were guilty of flagrant abuse of the rights and freedoms of the school children; their schools and their teachers as was set out in that application. On such findings I held that ...
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HH180-16 : DR JABULANI KUCHENA vs THE SCIENTIFIC AND INDUSTRIAL RESEARCH AND DEVELOPMENT CENTRE
Ruled By: CHIGUMBA J

The applicant contended that the matter cannot wait because eleven years is a long time and the dispute has taken too long to resolve resulting in his being impoverished….,. The court can hear a matter urgently where the urgency arises out of the need to protect commercial interests. See Silver's Trucks (Pvt) Ltd v Director of Customs ...
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HB81-18 : FRANK MUTEZO and OTHERS vs ZIMBABWE SCHOOL EXAMINATIONS COUNCIL and THE MINISTER OF PRIMARY AND SECONDARY EDUCATION
Ruled By: MOYO J

This is an urgent chamber application in terms of Rule 223A of the High Court Rules. The Rule reads as follows:“Where a legal practitioner has certified in writing that a matter is urgent, giving reasons for its urgency, the court or judge may direct that the matter should be set ...
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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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HH818-15 : NAOMI MUKUNDU vs LAWRENCE CHIGUMADZI and TAKUNDA GUMBO and THE MASTER OF THE HIGH COURT
Ruled By: UCHENA J

The applicant is the maternal grandmother of the two minor children, Laura Edna Chigumadzi born on 4 August 1999 and Lawrence Takudzwa Chigumadzi born on 28 September 2000, for whom she sought an order granting her their custody and guardianship.The first respondent is the biological father of the minor children. ...
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Appealed
SC126-21 : PATRICIA DARANGWA vs JULIET KADUNGURE and ANDERSON KADUNGURE and NERIA KADUNGURE and MASTER OF THE HIGH COURT OF ZIMBABWE
Ruled By: MAKONI JA, MATHONSI JA and MWAYERA JA

This is an appeal against the whole judgment of the High Court, delivered on 5 March 2021, interdicting the appellant, in the interim, from administering the estate of the late Genius Kadungure among other relief.After hearing submissions from counsel, we dismissed the appeal with costs and stated that the reasons ...
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HH85-21 : JULIET KADUNGURE and ANDERSON KADUNGURE and NERIA KADUNGURE vs PATRICIA DARANGWA and MASTER OF THE HIGH COURT OF ZIMBABWE (N.O.)
Ruled By: CHIRAWU-MUGOMBA J

This matter was placed before me as an urgent chamber application having been filed on the 23rd of February 2021. Upon receipt, I gave directions for the filing of notices of opposition and opposing affidavits as well as heads of argument.The second respondent did not file a notice of opposition, ...
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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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HH24-19 : MOHAMMED ISMAIL (as the guardian of X - a minor) vs SAINT JOHNS COLLEGE and CAVALIERE COORRADO TRINCI N.O. and STEVE MARTIN N.O. and MINISTRY OF PRIMARY AND SECONDARY EDUCATION
Ruled By: CHITAKUNYE J

This is a chamber application brought on a certificate of urgency. The provisional order the applicant seeks was couched as follows:“FINAL ORDER1. That, the conduct of the 1st, 2nd and 3rd respondents consisting of ordering X, a minor enrolled as an Upper Six student at the 1st Respondent, to shave ...
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