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Administrative Law re: Presumptions of Regularity and Validity of Official Documents or Advice & Doctrine of Estoppel

HH104-09 : BSKY ENERGY (PVT) LTD vs MINISTER OF ENERGY AND POWER DEVELOPMENT and ANOTHER
Ruled By: BHUNU J

Being an adviser to the first respondent, the second respondent appears to have misled his principal by concealing and deliberately not disclosing to him the Investigating Committee's report. That kind of conduct cannot be tolerated by these courts. By consciously ignoring sound advice, thereby deliberately straying into the wilderness of costly illegality, the second respondent cannot cry foul when ...
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HH150-09 : SOUTHBAY REAL ESTATE (PVT) LTD vs SOUTHBAY PROPERTIES (PVT) LTD and G RATISSO and CHIEF REGISTRAR OF COMPANIES
Ruled By: MAKARAU JP

On 7 January 2009, the applicant filed this application seeking an order compelling the first respondent to change its name within six weeks of the granting of the order.In its founding affidavit, the applicant averred that it was duly registered by the third respondent on 26 October 2006. On 12 ...
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HH169-09 : GRAMARA (PRIVATE) LIMITED and COLIN CLOETE vs GOVERNMENT OF THE REPUBLIC OF ZIMBABWE and ATTORNEY-GENERAL OF ZIMBABWE and NORMAN KAPANGA (INTERVENER)
Ruled By: PATEL J

The two applicants herein were parties, together with 77 others, in a matter that was adjudicated by the Southern African Development Community Tribunal (the Tribunal) in the case of Mike Campbell (Pvt) Ltd Others v The Republic of Zimbabwe Case No. SADC(T) 2/2007.The Tribunal gave its judgment in ...
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HH21-10 : TIME SAHWIRA MUPINGA vs THE COMMISSION GENERAL ZIMBABWE REVENUE AUTHORITY (ZIMRA) and MINISTER OF FINANCE
Ruled By: MTSHIYA J

The applicant, like all citizens, must have faith and confidence in the first respondent's operations. This means that in the absence of any sustainable and reasonable grounds, the first respondent cannot simply withdraw its authorisations which were legitimately granted in terms of the law.
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HH24-10 : SAHAWI INTERNATIONAL (PTY) LIMITED and YAKUB IBRAHIM MAHOMED vs JOHN ARNOLD BREDENKAMP and BRECO INTERNATIONAL (PRIVATE) LIMITED
Ruled By: MAKARAU JP

It was clear to the plaintiffs', prior to the hearing of the matter, that the Law Society had issued a practicing certificate to Advocate de Bourbon for the year 2009. The plaintiffs' were challenging the validity of that certificate, alleging that it had been issued, at best erroneously, and, at worst, fraudulently. Despite such knowledge, no ...
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HH45-10 : CHRISTMAS MUSONI vs NABOTH JOKONOKO and SHURUGWI TOWN COUNCIL
Ruled By: CHITAKUNYE J

The plaintiff sued the two defendants claiming basically for his restoration as the registered buyer of House Number 360 Makusha Township, Shurugwi.In his summons and declaration, the plaintiff alleged, that, on 20 August 1981 he entered into a written agreement of sale with Dickson Katerere (“D. Katerere”) in respect of ...
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Appealed
HH122-11 : DAVID KATERERE vs COSMA CHIANGWA and ROBERT CAMPBELL-LOGAN and ISRAEL GUMUNYU and REGISTRAR OF DEEDS and EDMOND CHIVHINGE and MASTER OF THE HIGH COURT
Ruled By: MAVANGIRA J

In 1999, the applicant herein entered into an agreement of sale in terms of which he purchased an immovable property from the estate of the late Johanna Maria Fransisca Logan as represented by the executrix testamentary of the estate.The immovable property, described as Stand 382 Good Hope Township of Subdivision ...
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HB62-10 : CORNIEL DUBE vs GEORGE GRAHAM and OFFICER-IN-CHARGE, MBEMBESI POLICE STATION and DEPUTY SHERIFF FOR BULAWAYO
Ruled By: NDOU J

In any event, the allocation to the applicant was never formally challenged by the first respondent or his principal, Mr. McNair.
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HH80-11 : CAIRO MHANDU vs JORDAN MUSHORE and RONALD MUSHORE and SAKALA CHOKOTO and FAITH DZAWO and DEPUTY SHERIFF
Ruled By: BHUNU J

There is a presumption of validity of a Government document regular on its face until it is lawfully invalidated. Thus, the applicant's offer letter must be deemed valid until it is shown otherwise. The offer letter therefore confers rights of unimpeded occupation on the applicant until the courts have determined otherwise. The courts generally lean ...
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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

Both respondents have indicated that they intend to challenge the authenticity of the offer letter. The mere fact that the applicants intend to challenge the offer letter, for whatever reason, cannot, however, authenticate their unlawful occupation of State land. There is a presumption that documents executed by Government officials are valid until proven otherwise. The ...
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HH339-13 : MARYLOU PALACPAC MORTEN vs MARLENE DENISE KEMUI MORTEN and THE MASTER OF THE HIGH COURT
Ruled By: UCHENA J

The other real issue is whether what happened before the Marriage Officer in Zimbabwe constitutes a valid marriage in view of authenticated documents from the Philippines - which clearly states that the plaintiff is still married to Apolonio Ramos Dacany. There is, therefore, evidence that the plaintiff is in two monogamous marriages. The plaintiff ...
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HH156-11 : TENDAI BITI vs SUPERINTENDENT MAJUTA and ASSISTANT COMMISSIONER NYATHI and COMMISSIONER GENERAL CHIHURI and ECONET WIRELESS ZIMBABWE LIMITED
Ruled By: BHUNU J

The applicant also, belatedly, almost as an afterthought, sought to attack the search warrant on the basis of irregularity complaining that the magistrate made no record of the proceedings leading to the issuing of the search warrant. That complaint amounts to an attack on the validity of the proceedings before the magistrate. It is correct ...
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HH348-13 : THE TRUSTEES OF THE LACEROSE TRUST and LACEROSE INVESTMENT (PRIVATE) LIMITED vs ZIMCOR TRUSTEES (PRIVATE) LIMITED and FRANK BUYANGA and TENDAI MUPFURUTSA and OTHERS
Ruled By: MAKONI J

The mandatory statutory returns to the Registrar of Companies serve as notice to the world of the facts they contain.
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HB05-11 : BMG MINING (PVT) LTD vs MINING COMMISSIONER BYO MINING DISTRICT and CHIEF MINING COMMISSIONER and KAMATIVI TIN MINES (PVT) LTD
Ruled By: MATHONSI J

The applicant seeks a declarator that it is the lawfully registered holder of mining claims called Kapata 11, registered number 11769BM held by certificate of registration number T30249.All the respondents have opposed the application mainly on the ground, that, the applicant's said claims overpeg already existing and registered claims of ...
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HB155-11 : (1) SABAWE MAZUVA HC1310/10 and (2) CHARLES SIMBI HC1349/10 vs (1) MINING COMMISSIONER,GWERU and OFFICER COMMANDING POLICE,MIDLANDS and MINISTER OF MINES and (2) SABAWE MAZUVA
Ruled By: MATHONSI J

In HC1310/10, the applicant made a climb down on the order that he sought in this court by amending the draft order, remaining only with a prayer for a declaratory order that he is the registered owner of a mining claim known as Thunderbird 21 in which the disputed mining shaft falls and that ...
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HH201-14 : CONSTANCE ZVAMAIDA MANDEWO vs CITY OF HARARE
Ruled By: MAKONI J

The property at the centre of the dispute is Stand No.396A Dzivarasekwa Township. A Mr Mazuru, who is now late, entered into an agreement of lease with the respondent with an option to purchase the property. He later sold his rights, title and interest in the property to a Mr Mukadiro. In April 2008, Mr ...
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HH287-14 : FRANCIS MAKANDIRASA MAZARURA vs RHODAH KATIVHU
Ruled By: MWAYERA J

The plaintiff also sought to rely on the confirmation of ownership tendered as exhibit…,.. This confirmation, however, was on 10 May 2012 and certainly subsequent to the confirmation letter issued to Rhoda Kativhu on 12 January 2012. In the absence of documents and evidence stating that such confirmation was revoked or cancelled, then, in the spirit of maintaining ...
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HH318-14 : NOMSA CHIKWEZVERO vs TENDAI CHINAMORA
Ruled By: MWAYERA J

Having disposed of legal issues above it remains for the outstanding issues to be disposed of regard being paid to the totality of the evidence presented before the court. It was apparent from the plaintiff, Nomsa Chikwezvero that after her husband, the late Edgar Chikwezvero, joined the housing scheme in 1995 and that after his demise in ...
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SC08-13 : NOBILITY DIMBI vs RONWEN INVESTMENT (PVT) LTD
Ruled By: MALABA DCJ, ZIYAMBI JA and OMERJEE AJA

The first issue for consideration is whether there exist material disputes of facts which could not be resolved without viva voce evidence being led. The respondent applied to the High Court for the ejectment of the appellant from the house on the basis of a claim of ownership. It produced a copy of the ...
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HH480-15 : SENELANE NDLOVU vs CHAPMAN ANOPA MUFUDZI MARUFU
Ruled By: MWAYERA J

The applicant sought to rely on the argument that the land in question is alienated State land yet the land was not only surveyed and marked on General Plan DC3843 but also that there is correspondence from the Ministry of Local Government, Public Works and Urban Development confirming allocation of Stands, including that of ...
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SC31-10 : COMMERCIAL FARMERS UNION and OTHERS vs THE MINISTER OF LANDS AND RURAL RESETTLEMENT and OTHERS
Ruled By: CHIDYAUSIKU CJ, MALABA DCJ, ZIYAMBI JA, GARWE JA and CHEDA AJA

Having concluded that the Minister has the legal power or authority to issue an offer letter, a permit or a land settlement lease, it follows that the holders of those documents have the legal authority to occupy and use the land allocated to them by the Minister in terms of the offer letter, permit ...
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HHB47-15 : DUDLEY RODGERS vs THE STATE
Ruled By: MAKONESE J and TAKUVA J

In the case of S v Zemura 1973 RLR 357…, it was held that when an accused person is given advice on an administrative matter by a responsible public official whose duties include the administration of the particular statute to which the matter relates, and where the accused genuinely believes that the official is ...
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HH51-15 : JUSTIN MUPAMHANGA vs SAUL GOMWE and JUSTICE DHLIWAYO and BLESSING DOMBOJENA and MINISTER OF LAND AND RURAL RESETTLEMENT (N.O)
Ruled By: MAKONI J

In his Heads of Arguments, the fourth respondent states that it is common cause that the applicant and the first to third respondents all have a right to occupy land that was issued by the fourth respondent. However, the bone of contention is on the boundaries of the said pieces of land. The fourth respondent is confirming ...
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HH59-15 : REUBEN MARUMAHOKO and EDWARD CHIMEDZA and NEVER CHIROWAPASI vs PROVINCIAL MINING DIRECTOR, MASHONALAND WEST (N.O) and OFFICER IN CHARGE, ZIMBABWE REPUBLIC POLICE (N.O.)
Ruled By: MUREMBA J

This was an urgent chamber application for an interdict against the respondents. The applicants wanted the respondents barred from interfering with their mining activities. The history of this case is as follows; The applicants collectively formed a mining syndicate by the name Crevixs Mining Syndicate. The syndicate was issued with a prospecting licence by the Ministry of Mines on ...
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HH73-15 : FUNGAI NHAU vs MEMORY KAFE and CHIPO NKUDZI
Ruled By: MATHONSI J

It is remarkable that the plaintiff insists that the land was not only surveyed and clearly marked on a General Plan, DG 3843, and, as such, it is no longer unalianated but also that there is correspondence from the Ministry of Local Government, Public Works and Urban Development confirming the allocation of Stands, including that ...
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SC13-18 : TBIC INVESTMENTS PL and PAUL CHIDAWANYIKA vs KENNEDY MANGENJE and MINISTER OF LANDS and RURAL DEVELOPMENT and REGISTRAR OF DEEDS and ATTORNEY GENERAL and COMMISSIONER OF POLICE
Ruled By: GWAUNZA JA, GOWORA JA and BHUNU JA

The first appellant only raised the issue of change of land use more than two years later in an affidavit deposed to by the same company director, Killian Kapaso, who had deposed to the original opposing affidavit two years earlier. In that affidavit, the first appellant was responding to the Chief Registrar of Deeds' affidavit confirming that ...
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Appealed
HB114-16 : J.C. CONOLLY AND SONS (PVT) LTD vs R. C. NDHLUKULA and THE MINISTER OF LANDS AND RURAL RESETTLEMENT
Ruled By: MUSAKWA J

Counsel for the applicant submitted that State officials have visited the land and encouraged the applicant to continue with its operations. As a result, the applicant has made substantial investments including a finance scheme with Dairiboard Zimbabwe (Limited). On the issue of visits by State officials, counsel for the applicant submitted that such visits were made by ...
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SC22-18 : J.C. CONOLLY AND SONS (PRIVATE) LIMITED vs R.C. NDHLUKULA and THE MINISTER OF LANDS AND RURAL RESETTLEMENT
Ruled By: GARWE JA, HLATSHWAYO JA and GUVAVA JA

WHETHER ESTOPPEL APPLIES Both in its founding and answering affidavits in the court a quo, the appellant averred that between January and February 2014, two Deputy Ministers of Agriculture had visited the farm to see first-hand the operations of the appellant and how its officials were working with the local community and resettled farmers. They expressed encouragement and ...
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HH118-15 : MARIA SJAMBOK and BEAUTY CHIRAU vs TRUST CHINYAMA and MINISTER OF LANDS & RURAL RESETTLEMENT
Ruled By: MATHONSI J

The certificates of occupation relied upon by the applicants were issued by the State, through Mazoe Rural District Council…,. The certificate itself is self-explanatory in its content…., it reads, in relevant part, as follows: “CERTIFICATE OF OCCUPATION A1 RESETTLEMENT SCHEME This is to certify that Mr/Mrs/Miss Chirau Beauty, National Identity Number 75-282469X75, is the legal holder of Plot number Forty (40) which ...
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HH135-15 : D BANK LTD vs ZIMBABWE REVENUE AUTHORITY
Ruled By: KUDYA J

The second issue was whether or not the respondent was bound by a decision made by the Department of Taxes in 1999 regarding the treatment of the cost of acquitting computer software when computing taxable income It was common cause that the 1999 decision was not a general binding ruling and had no binding effect in 2009 ...
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Appealed
HH151-16 : SHORAI NZARA and ARROLA IDEHEN and AMOSOGE IDEHEN and OSARETIN IDEHEN and vs CECILIAH KASHUMBA N.O. and REGISTRAR OF DEEDS and MASTER OF THE HIGH COURT and TAFIRENYIKA KAMBARAMI
Ruled By: MAFUSIRE J

If the Deed of Sale (DOS) was never cancelled, what then was the effect? This leads me to the next issue, namely, the conduct of the Late Dzingayi Kashumba in unilaterally, and, in his own name, seeking an extension of the subdivision permit and thereafter taking transfer on the basis of the order of 9 May 2001. Whether the ...
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HB237-16 : PETROS MOYO vs ROBERT NCUBE
Ruled By: BERE J and MATHONSI J

It is also common cause that prior to the eviction, the pegs demarcating the plots had been affirmed by the Ministry of Lands. In a letter to the officer in charge of Saurstown Police Station on 2 September 2014 the District Lands Officer had stated: “REF: ILLEGAL OCCUPATION OF PLOT NO. 12 HELENVALE M Sir, please be informed ...
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HH336-14 : IGNATIUS CHOMBO vs MARIAN CHOMBO (NEE MHLOYI)
Ruled By: MANGOTA J

The defendant informed the court that, when the divorce proceedings were in progress, she called at the offices of the Ministry of Lands, Land Reform and Resettlement (the Ministry) where she inquired about her status on the farm. She stated that she saw and talked to one Dr. Murerwa who referred her to the Ministry's legal department. She said ...
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HH159-15 : NGONIDZASHE TAMSANQA GOBA vs ZIMBABWE REVENUE AUTHORITY and COMMISSIONER OF CUSTOMS AND EXCISE
Ruled By: HUNGWE J

On his return to Zimbabwe, on 3 September 2011, the applicant was interviewed and an endorsement to that effect made accepting him as a returning resident. The applicant contends that the respondents cannot, after granting him the returning resident status, turn around and claim that he was illegally staying elsewhere so he does not qualify for the ...
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SC34-12 : MINISTER OF LOCAL GOVERNMENT, RURAL AND URBAN DEVELOPMENT N.O. and CHAIRPERSON OF THE DISCIPLINARY COMMITTEE, CITY OF HARARE, MUNAMATO MUTEVEDZI N.O. vs SILAS MACHETU and OTHERS
Ruled By: MALABA DCJ, GOWORA JA and OMERJEE AJA

During cross examination, Councillor Silas Machetu, who resides in Highfield Township and who was allocated a Stand in Waterfalls, claimed that Waterfalls was adjacent to his ward, being ward 25, Highfield Harare. He said that if the Stand was outside the adjacent ward that was not his concern because council officials had told him that ...
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SC20-18 : VENGESAI CHIRASHA vs NATIONAL FOODS LIMITED
Ruled By: GARWE JA, GOWORA JA and HLATSHWAYO JA

The issue before the Labour Court was whether the court was seized with an application for review or an appeal. The Labour Court concluded that the application before it was a review and not an appeal and that it had no jurisdiction to review the arbitrator's decision. The appellant has not challenged the court a quo's view that ...
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CC21-19 : NELSON CHAMISA vs EMMERSON DAMBUDZO MNANGAGWA and OTHERS
Ruled By: MALABA CJ, GWAUNZA DCJ, GARWE JCC, MAKARAU JCC, HLATSHWAYO JCC, PATEL JCC, BHUNU JCC, UCHENA JCC and MAKONI JCC

The Supreme Court of Kenya in Raila Odinga and Five Ors v Independent Electoral and Boundaries Commission and Three Ors (Petition 5,3 and 4 of 2013) [2013] eKLR explained as follows…,: “[195] There is, apparently, a common thread in the foregoing comparative jurisprudence on burden of proof in election cases. Its essence is that an electoral cause ...
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HB102-17 : TURFWALL MINING (PVT) LTD t/a BEENSET INVESTMENTS vs SIPHIWE DUBE and OTHERS
Ruled By: TAKUVA J

The first respondent insisted that she would continue to mine because she got assurance from the Ministry of Mines that the claims will be registered in her name in due course….,. The applicant is a holder of real rights over the mine. This is in terms of the substantive law. Surely, a real right cannot be ...
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SC13-19 : ZIMBABWE REVENUE AUTHORITY vs STANBIC BANK ZIMBABWE LIMITED
Ruled By: GUVAVA JA, MAVANGIRA JA and ZIYAMBI AJA

A claim for a deduction was..., made in respect of a tax “ruling” dated 18 May 1999 by the Commissioner of Taxes in the Department of Taxes. It was made in response to a letter from Ernst and Young dated 24 November 2008 requesting, essentially, to be informed of the Department's practice in the treatment ...
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