Judgment No. CCZ 12/14 2
Civil Appeal No. SC 327/12
3.
A declaration that the present application is properly before the Supreme
Court.
4.
An order that, the prosecution of the applicant being a violation of her right
under section 18, such prosecution be and is hereby permanently stayed.
5.
An order that the respondents pay the costs of this application.
THE BACKGROUND
The applicant and one Cecil Rhaniel Chengetai Muderede (“Muderede”) were
engaged in an intimate relationship until about 2005 when the relationship came to an end.
At the centre of the dispute giving rise to the present proceedings are two properties. The
first is Number 4 Goodall Avenue, Emerald Hill, Harare registered in the name of Helce
Enterprises (Pvt) Ltd, a company incorporated according to the laws of Zimbabwe. It is
common cause that, from the time of its incorporation, the applicant’s name appeared on the
official records of the company as one of the two directors of the company. The second
property is Number 106 Lomagundi Road, Avondale, registered in the name of another
company, Drisdane Investments (Pvt) Limited. It is not in dispute that it was Muderede who
purchased this property.
In May 2004 Muderede was specified under the Prevention of Corruption Act
[Cap 9:16]. Following this development, the applicant proceeded to the offices of the
Registrar of Companies where, using the specification of Muderede, she was able to remove
the name of Muderede as a director of Helce Enterprises and in his place had the names of
her brothers, Kumbirai Matiashe and Kudzai Matiashe, substituted as directors. On the
strength of a board resolution passed by the new board, the applicant was able to obtain a
duplicate copy of the deed of transfer for number 4, Goodall Avenue, Emerald Hill. The