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Final Orders re: Approach iro Equity Relief

HH99-09 : ALSPITE INVESTMENTS (PRIVATE) LIMITED vs TENDAYI WESTERHOFF
Ruled By: MAKARAU JP

The defendant was married to one Clemens Westerhoff in terms of the marriages Act [Chapter 5.11]. The marriage was dissolved by this court on a date that is not readily ascertainable, and is, any event, immaterial for the purposes of this trial.During the subsistence of the marriage, the parties had ...
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Appealed
HH328-14 : PACKERS INTERNATIONAL (PRIVATE) LIMITED vs ZIMBABWE REVENUE AUTHORITY
Ruled By: CHIGUMBA J

It is my respectful view that section 48 of the Value Added Tax Act [Chapter 23:12] does not oust this court's inherent power of judicial review of an administrative body, to scrutinize the exercise of discretion by that body, at any time, and to ensure, on the limited grounds provided in section 68 of ...
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SC28-16 : ZIMBABWE REVENUE AUTHORITY vs PACKERS INTERNATIONAL (PRIVATE) LIMITED
Ruled By: ZIYAMBI JA, GOWORA JA and HLATSHWAYO JA

DISPOSITION In my view, the court a quo allowed itself to be preoccupied by the catastrophe that could potentially befall Packers and dealt with the matter on that basis without determining the true dispute between the parties as pleaded in terms of the relevant law. In doing so, the court seriously misdirected itself. Its decision cannot be allowed ...
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SC94-20 : ZIMBABWE HOMELESS PEOPLE'S FEDERATION and OTHERS vs MINISTER OF LOCAL GOVERNMENT AND NATIONAL HOUSING and ZVIMBA RURAL DISTRICT COUNCIL and LEENGATE PL and MINISTER OF LANDS
Ruled By: PATEL JA, MAVANGIRA JA and MATHONSI JA

Section 175(6)(b) of our Constitution empowers every court, “when deciding a constitutional matter within its jurisdiction”, to “make any order that is just and equitable.”...,.It is necessary to apply the pivotal criteria of reasonableness and flexibility in balancing competing interests so as to arrive at an appropriate order that is ...
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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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Appealed
SC188-20 : GERALD CHIGWADA vs PENELOPE CHIGWADA and SHEPHERD KUSADA N.O. and MASTER OF THE HIGH COURT
Ruled By: MALABA CJ, GARWE JA, MAKARAU JA, GOWORA JA and BERE JA

This is an appeal against the whole judgment of the High Court.The question for determination is whether the law governing the property rights of married persons, or the law of testamentary disposition of estates, binds a testator to bequeath his or her right in an estate to the husband or ...
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SC18-18 : SHORAI NZARA and AAROLA IDEHEN and AMOSOGE IDEHEN and OSARETIN IDEHEN vs CECILIA KASHUMBA N.O. and REGISTRAR OF DEEDS and MASTER OF THE HIGH COURT and TAFIRENYIKA KAMBARAMI
Ruled By: GARWE JA, GUVAVA JA and UCHENA JA

Whether or not a court can grant an order not sought by the parties?Counsel for the appellants, citing authorities which will be analysed below, submitted that the court a quo erred and misdirected itself when it granted relief which had not been sought by either party.Counsel for the first respondent ...