MUTSAWASHE (ZAVEA)
versus
NOAH CHIRARA
and
VICTOR MHLANGA
and
ANDREW MUGOMEDZI
HIGH COURT OF ZIMBABWE
TAGU J
HARARE 7 and 9 July 2020
Urgent Chamber Application
G Tapera, for applicant
S. Zvavanoda, for respondent
AFRICAN APOSTOLIC CHURCH
(Vaapostora VeAfrica)
and
RICHARD JURU
and
NORMAN SIYAMUZHOMBWE
and
ALFRED KUSHAMISA MWAZHA
and
JAMES MWAZHA
and
ELSON TAFA
versus
NYASHA MWAZHA
and
SHINGI MALCOM CHAPFUNGA
HIGH OF ZIMBABWE
ZHOU J
HARARE, 9 June 2020
Urgent chamber application
Ms F. Chimwawadzimba, for the applicant
A. Gurira, for respondent
MOVEMENT FOR DEMOCRATIC CHANGE-ALLIANCE HC 2811/20
and
CHALTON HWENDE
and
GODFREY COTTON
versus
TENDAI MUCHEKAHANZU
and
FRIDAY MULEYA
and
PAUL GOREKORE
and
DOUGLAS TOGARASEYI MWONZORA
and
MORGEN KOMICHI
and
MOVEMENT OFR DEMOCTRATIC CHANGE-TSVANGIRAI
and
MINISTER OF HOME AFFAIRS & CULTUTAL HERITAGE
and
COMMISSIONER GENERAL OF POLICE N.O
and
MNISTER OF DEFENCE AND WAR VETERANS AFFAIRS N.O
SHAWASHA BUSINESS COMPLEX (PVT) LTD
versus
CITY OF HARARE
HIGH COURT OF ZIMBABWE
MANZUNZU J
HARARE, 27 May 2020 & 11 June 2020
Urgent Chamber Application
R G Zhuwarara, for the applicant
C Kwaramba., for the respondent
MANZUNZU J: This is an urgent chamber application where the applicant is seeking an order in the following terms:
“TERMS OF FINAL ORDER SOUGHT
INFINITY CAR SALES
And
JAMES CHAPOTERERA
And
ARTHUR NHIDZA
Versus
FIRST TURN INVESTMENTS t/a SHAR CAR SALES
And
MESSENGER OF COURT N.O.
IN THE HIGH COURT OF ZIMBABWE
MAKONESE & TAKUVA JJ
BULAWAYO 17 FEBRUARY 2020 11 MAY 2020
Civil Appeal
CHROME MEDIA INVESTMENTS (PVT) LTD
versus
HOPSCIK INVESTMENTS (PVT) LTD
HIGH COURT OF ZIMBABWE
MUSAKWA J
HARARE, 25 & 31 March 2020
Urgent Chamber Application
R. Mabwe, for applicant
T. T. Makaya, for respondent
MUSAKWA J: In this matter the applicant seeks spoliatory relief in respect of number 3 Tyward Close Ballantyne Park, Harare.
RICNOB SUPPLIERS (PRIVATE) LIMITED
and
ALFRED CHINANAYI
versus
MIKE MANDIZERA
And all those claiming title use and occupation through same at
certain piece of land being Wallingford a situate in the district of
Insiza measuring 946.4524 hectares
and
MINISTER OF MINES AND MINERAL DEVELOPMENT
HIGH COURT OF ZIMBABWE
MAKONESE J
BULAWAYO 16 OCTOBER 2018 AND 25 OCTOBER 2018
This was an application for an order for spoliation. The applicants claimed that they had been unlawfully dispossessed of their quiet and peaceful possession of their property by the first respondent. The first respondent contended that he was issued with a prospecting licence by the second respondent on the same land and that he entered the property on the strength of the authority from second respondent. The applicants alleged that the first respondent entered their land by cutting a fence and causing damage to their property.
The court considered whether or not there had been a spoliation and whether the applicants were entitled to relief. The court established that the first respondent unlawfully deprived the first applicant of its possession of the quarry stone site and that this was an unlawful invasion of the property as the land was private property.
The court noted that the first respondent had not raised any of the recognised defences in an action for spoliation. The court found that the first respondent intended to take over the quarry site by forcibly removing them applicants from the quarry site without following due process as he did not possess a court order to justify his intended action.
Accordingly, the court held that the requirements for an order for spoliation had been met and ordered the respondents to return the applicant’s status quo prior to the spoliation.
CHISUNGO CHEMADZIMAI HOUSING COOPERATIVE
SOCIETY LIMITED
and
NORBERT MATORERA
versus
BRIGHTON CHIBAYA
and
JOHN CHIBAYA
HIGH COURT OF ZIMBABWE
TAGU J
HARARE 1 & 3 October 2018
Urgent Chamber Application
N. Mugiya, for applicants
Ms P. Makurumure & L. Chirenje, for respondents
JEAN CHINGWENA
versus
HARARE MUNICIPALITY
HIGH COURT OF ZIMBABWE
MANGOTA J
HARARE, 12 June 2018 and 15 August, 2018
Urgent chamber application
S T Mutema, for the applicant
C Kwaramba, for the respondent
