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Final Orders re: Composition of Bench iro Court Verdict, Incapacitation and Disagreements Between Presiding Officers

SC83-20 : ARISTON HOLDINGS LIMITED vs THE COMPETITION AND TARIFF COMMISSION OF ZIMBABWE
Ruled By: GWAUNZA DCJ, PATEL JA and MAKONI JA

This is an appeal against a decision of the Administrative Court upholding the penalty imposed on the appellant by the respondent for the non-notification of a merger that it was a party to.FACTUAL BACKGROUNDThe appellant is a holding company registered and operating in Zimbabwe whose shares are tradable on the ...
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SC27-18 : GETRUDE MUTASA and DIDYMUS MUTASA vs THE REGISTRAR OF SUPREME COURT and NYAKUTOMBWA MUGABE LEGAL COUNSEL and SHERIFF OF ZIMBABWE
Ruled By: GUVAVA JA

This is a chamber application made in terms of Rule 12 of the Supreme Court Rules, 1964.The brief background to this application may be summarised as follows:The applicants are husband and wife. They approached the court a quo, by way of urgent chamber application, seeking a stay of execution and ...
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SC29-09 : BLUE RANGERS ESTATES (PVT) LTD vs JAMAYA MUDUVIRI and THE MINISTER OF LANDS AND RURAL RESETTLEMENT
Ruled By: MALABA DCJ

On 9 March 2009 the High Court made a spoliation order for the restoration of peaceful and undisturbed possession of Twyford Estate in Chegutu to the applicant at the same time directing the first respondent and all those claiming possession of the property through him to vacate the farm forthwith ...
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SC11-11 : PHILLIP HLUPENI vs UNIFREIGHT (PRIVATE) LIMITED
Ruled By: CHIDYAUSIKU CJ

At the hearing of this matter, in Chambers, I postponed the matter sine die to enable counsel to file Heads of Argument on the legal points raised in this matter. The applicant's counsel filed Heads of Argument but the respondent's counsel has not done so.Two legal issues are raised on ...
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SC08-11 : ERIC FILON vs PUBLIC SERVICE COMMISSION and THE SECRETARY FOR WATER RESOURCES
Ruled By: CHIDYAUSIKU CJ

In Chambers: The legal point raised in this application is:Who should grant or refuse leave to appeal in terms of section 92F of the Labour Act [Chapter 28:01] in circumstances where the presiding President is unavailable?The relevant section provides:"92F Appeals against decisions of Labour Court(1) An appeal on a question ...
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CC20-17 : MORGAN TSVANGIRAI vs ROBERT MUGABE and ZIMBABWE ELECTORAL COMMISSION and RITA MAKARAU, N.O. and CHIEF ELECTIONS OFFICER
Ruled By: CHIDYAUSIKU CJ, MALABA DCJ, ZIYAMBI JA, GWAUNZA JA, GARWE JA, GOWORA JA, HLATSHWAYO JA, CHIWESHE AJA and MAVANGIRA AJA

Section 93(3) of the Constitution is based on the principle of natural justice, that, he who hears a cause or matter must determine it.
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SC38-15 : DELTA BEVERAGES (PRIVATE) LIMITED vs KUDAKWASHE MURANDU
Ruled By: GWAUNZA JA, HLATSHWAYO JA and CHIWESHE AJA

The undisputed facts are these.On 2 August 2000, the respondent, who was in the appellant's employ, was suspended from work for alleged misconduct pending the determination of an application by the appellant to dismiss him (application made in terms of S.I.37 of 1985 which was then applicable.). On 12 July ...
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HHH458-18 : THE STATE vs KIZITO MUTSURE
Ruled By: CHITAPI J and ASSESSORS: BARWA and CHITSIGA

An application for discharge of the accused person, made in terms of section 198(3) of the Criminal Procedure and Evidence Act, raises an issue of law, and, as such, in terms of section 10(1)(a) of the High Court Act [Chapter 7:06], a determination of the application lies within the jurisdiction ...
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HHH242-13 : LEE WAVERLEY JOHN vs THE STATE and SIMON RODGERS KACHAMBWA N.O.
Ruled By: MAFUSIRE J

The Supreme Court decision by ZIYAMBI JA in Attorney-General v James Chafungamoyo Makamba SC74-04..., dealt with the position where a judge, in exercising review powers in terms of the High Court Act [Chapter 7: 06] would need the concurrence of another judge before he or she could set aside or ...
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