Law Portal
Zimbabwe

Welcome To Law Portal

Welcome, Guest!
[Help?]

Practicing Certificates and Right of Audience before Courts re: Self Actors and the Presumption of Knowledge of the Law

HH42-08 : JAMESON MANDAVA vs TSITSI CHASWEKA
Ruled By: MAKARAU JP and HLATSHWAYO J

On 23 May 2005, the respondent issued summons out of Marondera Magistrates' Court. Her claim against the defendant, as it appears on the face of the summons, is recorded as “sharing property”. An affidavit was attached to the summons, curiously titled, in my view, as “Applicant's supporting affidavit (Property Sharing)”.In ...
More

SC17-09 : ELIZABETH MUTIZHE vs LOVENESS GANDA and THE REGISTRAR OF DEEDS and FANNIE MUTIZHE
Ruled By: MALABA DCJ

In Chambers in terms of Rule 31 of the Rules of the Supreme Court (“the Rules”).This is an application for an extension of time in which to note an appeal against the whole judgment of the High Court given on 27 February 2008.The applicant and the third respondent were married ...
More

HB65-09 : ELPHAS MAPHISA vs NHLANHLA MAPHISA
Ruled By: KAMOCHA J

Both parties were legally represented during the pleadings, but, by the time the matter came for trial their respective legal representatives had filed notices of renounciation of agency making the parties self actors when the matter came for trial.
More

HH161-10 : NEVER BVOCHORA vs DOUGLAS TOGARASEI MWONZORA (In his capacity as The executor Dative of the Estate Late I.V. Rukatya)
Ruled By: HUNGWE J

At the trial, the plaintiff was no longer represented. The defendant was acting for himself. He is a legal practitioner.
More

HB07-11 : FRANCIS NYAMADZAWO and SIPIWE NYAMADZAWO vs GWERU MAGISTRATE (I. MHLANGA (N.O) and AGRIPPA HLABANGANA and BARBRA HLABANGANA and JOYCE SEVERINO
Ruled By: MATHONSI J

I must point out that the applicants' problems stem from their lack of representation. They are strongly advised to seek legal representation if this dispute is the move forward instead of continuously filing documentation which is not only repetitive and at times meaningless but also unduly voluminous.
More

View Appeal
SC26-13 : SHADRECK MOYO & 13 OTHERS vs J .L. HOFFMAN and CENTRAL AFRICAN BATTERIES (PRIVATE) LIMITED
Ruled By: MALABA DCJ, ZIYAMBI JA and OMERJEE AJA

At the commencement of trial, the only plaintiff in attendance was the first appellant. The rest of the appellants were in default. The trial proceeded on the basis that only one plaintiff was before the court. This affected the claim in the summons, the amounts claimed were reduced to US$275,375=08 for outstanding salaries and ...
More

HB22-14 : TATENDA PATIENCE MUKUDU vs ANDREW MALETE
Ruled By: MUTEMA J

The practice of law is a preserve for lawyers. Lay persons who do not subscribe to the maxim and attempt to practise law at their own peril venture through a legal minefield which, at the end of it, leaves them legally battered and bruised. That is when they invoke the good sense to ...
More

HH804-15 : PHINIAS MUNORWEI vs JEREMIAH MUZA and NYASHA MURASIKWA and MR NDAGURWA
Ruled By: MAFUSIRE J

Even though a self-actor, it was evident the plaintiff had legal assistance in the background. But the claim lacked precision. By the time of the pre-trial conference, the claim against the third defendant had been withdrawn. As it later turned out, this was a mistake. Evidently, the plaintiff had been ill-advised. The third defendant, not ...
More

HB160-16 : VICTORIA FALLS MUNICIPALITY vs S. C MUTARE N.O and DICKSON MUKOMBWE AND 16 OTHERS
Ruled By: MATHONSI J

Lawyering, especially for young and upcoming legal practitioners, is a very exciting, satisfying and indeed adrenalin pumping prospect as it helps the lawyer achieve the childhood dreams they had after many bitter years of travail at University. It can, however, be a nightmarish and disconcerting undertaking for those unable to ...
More

HH151-15 : CMED (PRIVATE) LIMITED vs KENNETH MAPHOSA and SHERIFF OF ZIMBABWE N.O. and ZIMBABWE REVENUE AUTHORITY
Ruled By: CHIGUMBA J

"The power of the lawyer is in the uncertainty of the law." Jeremy Bentham: The law is subject to interpretation, especially where it is not clear. Ordinary members of the public are usually not trained in the art of interpreting the law. They rely on the legal practitioners of their choice who practice this skill on a ...
More

HH65-12 : CHARWADZA MADZWAWAWA vs ROSEMARY VAMBE
Ruled By: GUVAVA J and MAWADZE J

During the hearing of the appeal both the appellant and the respondent appeared in person and were not able to meaningfully address the court on the legal issues involved in the matter. We are greatly indebted to Advocate T Mpofu who agreed to be appointed amicuis curiae and submitted very useful and detailed heads of argument on the pertinent ...
More

HMA13-18 : JONATHAN CHIKUKWA vs BEAUTY and GAME DOLLAR
Ruled By: MAWADZE J

Our job or call as judicial officers is definitely not short of its comic moments. I never did foresee that the establishment of a third High Court in Zimbabwe, at Masvingo, under the good intentions of de-centralisation and bringing justice to people would, at times, achieve the un-intended. Indeed, it has opened flood-gates to all manner of ...
More

HH92-14 : MANGWIRO SIBANDA vs JANE HAPPIAH CHIKUMBA and ALTFIN INSURANCE COMPANY
Ruled By: CHIGUMBA J

The tragedy in this matter is that the plaintiff's conduct of his own trial was a farce and an exercise in futility. He clearly had no idea about the rules of evidence otherwise he would have tendered the necessary documentary evidence required to buttress his case, especially considering that he did not intend to call ...
More

HH204-15 : THUTHANI MOYO vs JOHN BOWMAN and PONDS PHIRI and BERYL WATSON and MARGARET JAMES and ABEL DENHERE and OTHERS
Ruled By: MAWADZE J

While our legal system allows unrepresented litigants to approach the High Court in civil matters, this case brings into focus the need, in some cases which involve intricate issues of law, for such litigants to be legally represented. My spirited attempts to advise the applicant to seek legal representation, even through the Registrar, were spurned by the applicant ...
More

HMT09-18 : MUBUSO CHINGUNO vs MINISTER OF LANDS, AGRICULTURE AND RURAL RESETTLEMENT and PROVINCIAL LANDS OFFICER MANICALAND and DISTRICT LANDS OFFICER CHIPINGE and COLONEL MAKUYANA
Ruled By: MWAYERA J

It is not for this court to force parties to secure legal representation. The court can only conscietise the parties of the Constitutionally enshrined right but it cannot represent parties or force them to secure legal representation. Without diverging from presiding over a matter impartially the court can assist self-actors ...
More

HB84-18 : ROSINA NGIRAZI vs FUNGAI SAUROSI and KWEKWE CITY COUNCIL
Ruled By: MATHONSI J

The fact that the applicant's papers are in shambles, with affidavits and other documents being filed all over the place and willy nilly without any regard to rules of procedure and without filing the record of proceedings in the Magistrates Court which are being contested, may be attributable to the ...
More

HH384-17 : NEWTON DONGO vs BABNIK INVESTMENTS (PVT) LTD and MESSENGER OF COURT
Ruled By: CHAREWA J

The applicant filed an urgent chamber application for a provisional order of stay of eviction as interim relief and a final order that he should remain in peaceful occupation of immovable property known being Stand number 107 of Salisbury Township, also known as Number 102 Harare Street, Harare.I heard the ...
More

HB56-15 : GLADYS KARENGWA vs ALBERT MPOFU
Ruled By: MAKONESE J

This is a Chamber application for dismissal of the respondent's application in case number HC2718/13. The application has been initiated in terms of Order 32 Rule 236(3)(b) on the grounds that the respondent has failed to file an answering affidavit or heads of argument within the time stipulated by the ...
More

HB147-18 : MARTIN JONGWE vs NATIONAL FOODS LTD and LABOUR COURT (BULAWAYO - HON KABASA)
Ruled By: MATHONSI J

The applicant is not a stranger to the courts at all.In fact, for a period spurning more than eight (8) years he has been a constant visitor either to the Labour Court in Bulawayo, where he has a rich record of cross reference files dating back to 2010, or this ...
More

HH283-17 : IGNATIUS MASAMBA vs THE SECRETARY – JUDICIAL SERVICE COMMISSION and MERCY GORONGOZA
Ruled By: CHITAPI J

The papers filed as constituting this chamber application typify what has been colloquially referred to as a dog's breakfast both as to content and form.One has to painstakingly read through the papers several times to try and make head or tail of what the applicant's cause of action is. I ...
More

HH318-15 : DAVID JACK and OTHERS vs LLOYD MUSHIPE (in his capacity as joint executor of Estate Late Keresia Jack) and OTHERS
Ruled By: CHITAKUNYE J

The applicants (David Jack, Theresia Jack and Theresa Jack) and the first to fourth respondents (Lloyd Mushipe, Simbarashe Mushipe, Jesca Mushipe and Keresia Mushipe) are children of the late Keresia Jack who died intestate on 15 March 1997. The late Keresia Jack's estate comprises an immovable property, namely, House Number ...
More

SC54-06 : VIGOUR FUYANA vs NTOMBAZA MOYO
Ruled By: CHIDYAUSIKU CJ

This is a Chamber application for the condonation of the late noting of an appeal. Although the applicant does not specifically aver this, I shall assume that the application is made in terms of Rule 31 of the Supreme Court Rules (“the Rules”).On 25 July 2005, SANDURA JA, sitting with ...
More

HH978-15 : IGNATIUS MASAMBA vs SECRETARY-JUDICIAL SERVICE COMMISSION
Ruled By: MUNANGATI-MANONGWA J

This is an exception by the defendant to the plaintiff's summons and declaration, as amplified by further particulars, on the grounds that the plaintiff's claim does not disclose a cause of action.The defendant further avers that the claim is bad in law.The background to this case is that the plaintiff ...
More

HB189-18 : CLAUDIUS MANAMELA and BRIGHTON NANGA and SIBONGILE MANAMELA vs ROSEWELL ZULU and APOSTOLIC FAITH MISSION OF AFRICA INTL and CLEMENT NYATHI and APOSTOLIC FAITH MISSION OF AFRICA
Ruled By: MABHIKWA J

On 30 January 2018, the applicants caused to issue legal proceedings, an application, out of this Honourable Court –“In the High Court of Zimbabwe, held in Bulawayo. The applicant sought an order that it be declared that:(1) That the President of the Apostolic Faith Mission of Africa International is Reverend ...
More

SC39-00 : E. FILON vs THE PUBLIC SERVICE COMMISSION and THE MINISTER OF LANDS AND WATER RESOURCES
Ruled By: GUBBAY CJ, McNALLY JA and EBRAHIM JA

The appellant was discharged from the Public Service. He had been suspended from duty by the Secretary to his Minister, and, later, served with charges to which were attached certain documents. The letter containing the charges was signed by a Mr Moyo on behalf of the Secretary to the Ministry.The ...
More

HH675-21 : RITA MBATHA vs FARAI ZIZHOU and CONFEDERATION OF ZIMBABWE INDUSTRIES
Ruled By: MAFUSIRE J

IntroductionThe plaintiff claims a default judgment for sexual harassment. She is unrepresented.The matter appeared on the unopposed motion roll on 20 October 2021. It was one of several such appearances. In the past, the matter would be removed from the roll for one reason or other. The matter has had ...
More

HH443-13 : JONAS MUSHOSHO vs LLOYD MUDIMU and THE DEPUTY SHERIFF
Ruled By: CHIGUMBA J

In the never-ending quest for justice, litigants are becoming increasingly indefatigable in approaching the well of justice to quench their thirst for justice.
More

HH443-15 : MHANGURA COPPER MINES LIMITED vs TAYENGWA MUSKWE
Ruled By: HUNGWE J

The respondent was a poor witness for his case.Had he heeded Mr Mahlangu's advice, to engage another person to appear for him, he would have saved the little of his integrity that remained.The respondent is a lawyer with several years of practice behind him. He runs his own law firm, ...
More

Appealed
SC14-21 : MAXWELL SIBANDA vs ZAMBE NYIKA GWASIRA and NZ INDUSTRIAL and MINING SUPPLIES and REGISTRAR OF DEEDS and SHERIFF OF ZIMBABWE
Ruled By: GOWORA JA, GUVAVA JA and BHUNU JA

The appellant appeared in person.Prior to the matter being set down for hearing the appellant had the benefit of legal representation. Those representing him at the time had filed extensive heads of argument on his behalf.He submitted that he would abide by these heads of argument.
More

HB03-15 : LUBECK INVESTMENTS (PVT) LTD t/a HIGHER LEARNING CENTRE vs BESTER DUNDUZA
Ruled By: TAKUVA J

This is an application for summary judgment in terms of Order 10 Rule 64 of the High Court Rules, 1971.The background facts are as follows:The applicant, plaintiff at the time, issued summons under HC880/09 against one Richard Dunduza (1st defendant) now deceased and one Tafara Chikati (2nd defendant), seeking payment ...
More

SSC84-21 : TAFADZWA MAPFOCHE vs THE STATE
Ruled By: GWAUNZA DCJ, MAKARAU JA and MAVANGIRA JA

In framing his fourth ground of appeal, which gives rise to the issue under discussion, the appellant had this to say:“4. The court erred in adopting an armchair approach in adopting and applying the circumstantial evidence doctrine and make unsubstantiated inferences which are not supported by evidence that the appellant ...
More

SC91-21 : ELPHAS MAPHISA vs CITY OF BULAWAYO
Ruled By: GUVAVA JA, UCHENA JA and CHITAKUNYE AJA

This is an appeal against the whole judgment of the High Court Bulawayo, dated 23 July 2020, which dismissed the appellant's appeal against the decision of the Magistrate's Court granting the respondent summary judgment against him.BACKGROUND FACTSThe appellant is the owner of a residential property known as Number 18 Pingstone ...
More

SC93-21 : RINOS TERERA vs GEORGE LOCK and CK HOLLAND t/a HOLLAND ESTATE AGENT and ZIMBABWE HOUSING COMPANY (PVT) LTD and THE REGISTRAR OF DEEDS
Ruled By: CHITAKUNYE AJA

This is an opposed chamber application for condonation of non-compliance with the Supreme Court Rules 2018 and for extension of time within which to appeal.Though at the outset the applicant did not state the Rule that was not complied with and the Rule under which this application is brought, it ...
More

SSC99-21 : JAISON ZHUWAKI vs THE STATE
Ruled By: CHITAKUNYE AJA

On 9 April 2021, I struck off this matter from the roll and gave reasons extempore. The applicant has requested for written reason for my decision. These are the reasons.In this application, the applicant seeks to challenge the decision of the High Court handed down on 3 May 2018 dismissing ...
More

Appealed
SC110-21 : UPSET INVESTMENTS (PRIVATE) LIMITED vs CHITUNGWIZA MUNICIPALITY
Ruled By: GARWE JA, HLATSHWAYO JA and BHUNU JA

Everyone is presumed to know the law regardless of whether one has read and understood the law.
More

HH366-18 : ALAIN GRANT vs TIRINGEI JEFTA and THE MASTER OF THE HIGH COURT and NELLIE TIYAGO (in her capacity as curator ad litem)
Ruled By: CHIRAWU-MUGOMBA J

I also allowed the unsworn statement of the first respondent due to the..., considerations..., that she was a self-actor.
More

HB40-15 : BONGANI NDLOVU (as Executor Dative, Estate Late Kenneth Sithole) vs HOWARD SITHOLE and MELODY SITHOLE
Ruled By: MUTEMA J

Kenneth Sithole died at Bulawayo on 6 February 2013. During his lifetime, he purchased, from Rebecca Howes, a piece of land, being Stand 15 Rangemore Township 3 of Lot G of Upper Rangemore, also known as Plot 15 Gramps Way, Rangemore (hereinafter referred to as the Plot).Kenneth Sithole's widow, one ...
More

HHB62-15 : MICHAEL BIDDLECOMBE vs THE STATE
Ruled By: TAKUVA J and MOYO J

It is trite law, that, while ignorance of the law is generally not an excuse, a person may be excused from criminal liability where such a person has been misled into breaching the law by Government agents: see S v Davy 1988 (1) ZLR 386 (SC) where GUBBAY JA…, stated ...
More

CC08-21 : ZIMBABWE BANKS AND WORKERS UNION and TIRIVANHU MARIMO vs MINISTER OF PUBLIC SERVICE, LABOUR AND SOCIAL WELFARE and THE SHERIFF OF ZIMBABWE and ZB BANK LIMITED
Ruled By: GARWE AJCC, GOWORA AJCC and HLATSHWAYO AJCC

Section 167(5) of the Constitution provides:“(5) Rules of the Constitutional Court must allow a person, when it is in the interests of justice and with or without leave of the Constitutional Court —(a) To bring a constitutional matter directly to the Constitutional Court;(b) To appeal directly to the Constitutional Court ...
More

SC86-14 : W. CHOMUREMA and E. MUZOKOMBA vs TELONE
Ruled By: GWAUNZA JA

In chambers in terms of Rule 5 of the Rules of the Supreme Court 1964.The applicants are appearing before a judge of this Court for the third time, their earlier applications having been dismissed on procedural grounds.Essentially, in this, and the previous two applications, the applicants are requesting this Court ...
More

Back Main menu

Categories