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Jurisdiction re: Judicial Deference iro Remittals or Remittal Order and Recognition of Competent Authoritative Bodies

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SC13-11 : MATTHEW MBUNDIRE vs TYRONE SIM BUTTRESS
Ruled By: ZIYAMBI JA, GARWE JA and CHEDA AJA

At the conclusion of the hearing of this matter in the High Court, the court, inter alia, granted absolution from the instance in respect of the appellant's claim for general damages, future expenses, and replacement value for his motor vehicle.It is only against that portion of the judgment that the ...
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SC57-05 : FIRST BANKING CORPORATION LTD vs BALTHAZAR MARIMO
Ruled By: SANDURA JA, ZIYAMBI JA and GWAUNZA JA

This is an appeal against a judgment of the Labour Court in terms of which that court quantified the amount of damages payable by the appellant (“the Bank”) to the respondent (“Marimo”), in lieu of reinstatement.The relevant factual background may be tabulated as follows:1. On 1 May 1997, Marimo joined ...
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HH91-09 : SANANGURAI GWARADA vs KEVIN JOHNSON and MR WILLIAMSON and BERNARD CHOTO
Ruled By: GOWORA J

This matter came before me by way of an urgent chamber application.At the initial set down date, the legal practitioners indicated that they wished to file written submissions and the matter was accordingly postponed for that purpose.In view of the legal issues that were apparent from the affidavits, and that ...
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Appealed
SC21-14 : FLEXIMAIL (PRIVATE) LIMITED vs GIFT BOB SAMANYAU AND THIRTY-EIGHT OTHERS
Ruled By: CHIDYAUSIKU CJ, MALABA DCJ, ZIYAMBI JA, GARWE JA and PATEL JA

At the conclusion of submissions by counsel, the parties in this case agreed that this matter should have been determined by the Labour Court and not the High Court. It was also common cause that a determination by the Labour Court was necessary before the Supreme Court could be seized with this matter. Consequently, it was agreed ...
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SC01-15 : FIRSTEL CELLULAR (PRIVATE) LIMITED vs NETONE CELLULAR (PRIVATE) LIMITED
Ruled By: ZIYAMBI JA, GARWE JA & PATEL JA

This is an appeal against the decision of the High Court granting summary judgment against the appellant in the sum of US$8,330,470=52 together with interest at 2.5% per annum above the prime overdraft Bank rate and costs of suit.The claim against the appellant arose from a Service Provider Agreement concluded ...
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SC71-17 : TELECONTRACT (PRIVATE) LIMITED vs POSTAL AND TELECOMMUNICATIONS REGULATORY AUTHORITY and MINISTER OF INFORMATION, COMMUNICATION, TECHNOLOGY, POSTAL AND COURIER SERVICES and ANOTHER
Ruled By: GWAUNZA JA, MAVANGIRA JA and UCHENA JA

Counsel for the appellant urged this court to nevertheless determine the matter on the merits based on the evidence on record. This court, as a Court of Appeal, cannot usurp the functions of the court a quo and make a decision on the merits of the matter when the court a quo declined ...
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Appealed
SC12-20 : ZIMASCO (PVT) LTD vs CASPER TSVANGIRAI and BAOBAB REAL ESTATE and THE REGISTRAR OF DEEDS BULAWAYO
Ruled By: GARWE JA, HLATSHWAYO JA and GUVAVA JA

This is an appeal against the whole decision of the High Court sitting in Bulawayo under judgment number HB16-14, dated 30 January 2014, in which the appellants' application for absolution from the instance at the close of the first defendants case was dismissed.BACKGROUND FACTSThe facts which gave rise to this ...
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SC48-09 : HALWICK INVESTMENTS t/a WHELSON TRANSPORT vs GARAI NYAMWANZA
Ruled By: SANDURA JA, ZIYAMBI JA and GARWE JA

This is an appeal against the decision of the Labour Court setting aside the proceedings of a disciplinary committee constituted by the appellant and remitting the matter for a re-hearing before a different panel.The background leading to the institution of disciplinary proceedings against the respondent is common cause.The respondent was ...
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SC40-20 : STUTTAFORDS REMOVALS (PRIVATE) LIMITED vs GODFREY NYAMAZUNZU
Ruled By: MAKARAU JA, GOWORA JA and BERE JA

This is an appeal against the whole judgment of the Labour Court of Zimbabwe dated 14 July 2018 wherein an application for condonation for failure to file an application for leave to appeal in time was dismissed.Briefly, the background to this matter is as follows:The respondent was employed as an ...
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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

This is an appeal against the judgment of the High Court dismissing an application by the appellants for a declaratory order and consequential relief pertaining to various fundamental rights, in particular, the right of children to shelter.The application was dismissed with no order as to costs.The first appellant is an ...
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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

Reasonable Limitations and Reasonable MeasuresSection 86 of our Constitution prescribes the manner in and extent to which fundamental human rights and freedoms may be subjected to limitation or derogated from. Section 86(1) stipulates that rights and freedoms “must be exercised reasonably and with due regard for the rights and freedoms ...
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SC105-20 : CHRISTMAS MAZARIRE vs THE RETRENCHMENT BOARD and OLD MUTUAL SHARED SERVICES (PVT) LTD
Ruled By: MAKARAU JA, GOWORA JA and HLATSHWAYO JA

On 12 October 2015, the first respondent declined jurisdiction to quantify the appellant's retrenchment package upon the termination of his employment with the second respondent.Aggrieved by the decision, the appellant brought a review application before the Labour Court, seeking among other relief, to have the first respondent's decision set aside. ...
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SC58-19 : COMPETITION AND TARIFF COMMISSION vs IWAYAFRICA ZIMBABWE (PRIVATE) LIMITED
Ruled By: GWAUNZA DCJ, MAKARAU JA and BHUNU JA

This is an appeal against the judgment of the High Court, absolving the respondent from the instance at the close of the appellant's case as plaintiff in that court.The FactsThe appellant is a statutory body set up in terms of section 4 of the Competition Act [Chapter 14:28] (“the Act”); ...
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HH178-14 : WILLOUGHBY'S INVESTMENTS (PRIVATE) LIMITED vs PERUKE INVESTMENTS (PRIVATE) LIMITED and THE HONOURABLE MR JUSTICE (Ret) A. R. GUBBAY SC
Ruled By: ZHOU J

This is an application in terms of Article 34(2)(b)(ii) of the Arbitration Act [Chapter 7:15] for the setting aside of an arbitral award rendered by the second respondent in favour of the first respondent....,.In the draft order, the applicant asks this Court to set aside the award and to remit the matter to ...
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SC88-05 : OLIVINE INDUSTRIES (PRIVATE) LIMITED vs CAUTION NHARARA
Ruled By: CHEDA JA, MALABA JA and GWAUNZA JA

In a judgment, No.LRT/H/238/2002, dated 26 September 2002, the Labour Relations Tribunal (now the Labour Court) made an order for the reinstatement of the respondent to his employment by the appellant. Part of the order read:“In the event that reinstatement is no longer an option, the respondent be and is ...
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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 ...
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SC40-15 : INDIUM INVESTMENTS (PVT) LTD vs KINGSHAVEN (PVT) LTD and DANIEL SHUMBA and LINDA SHUMBA
Ruled By: CHIDYAUSIKU CJ, GWAUNZA JA, GOWORA JA, HLATSHWAYO JA and MAVANGIRA AJA

On 28 February 2008, under case no. HC1239/08, the appellant caused summons to be issued against the respondents seeking an order for the cancellation of a lease, and, consequent thereto, the eviction of the respondents from the leased premises.On 10 December 2008, a second summons was issued by the appellant ...
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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 ...
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SC02-14 : C vs C (IN CAMERA)
Ruled By: ZIYAMBI JA, GARWE JA and PATEL JA

The trial in this matter was conducted before the High Court contrary to the clear terms of the order of this Court, dated 21 March 2013, which had directed that the issues of divorce and proprietary interests be dealt with at the same time. The law is clear that an extant order of this Court ...
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SC57-19 : THE COLD CHAIN (PRIVATE) LIMITED t/a SEA HARVEST vs ROBSON MAKONI
Ruled By: GOWORA JA, HLATSHWAYO JA and MAVANGIRA JA

On 21 December 1999 at the 12km peg along the Rusape to Nyanga road a horrific collision involving the respondent and an employee of the appellant occurred. The former sustained frightful injuries. Sadly, the appellant's employee succumbed to injuries occasioned from the collision. The following facts are common cause. The respondent sued for and was awarded damages by the ...
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Appealed
SC01-21 : BERNARD MARANGE vs ZVIDZAI MARANGE and MINISTER OF RURAL DEVELOPMENT, PROMOTION AND PRESERVATION OF NATIONAL CULTURE AND HERITAGE and PRESIDENT OF ZIMBABWE
Ruled By: GWAUNZA DCJ, PATEL JA and BERE JA

This is an appeal against the whole judgment of the High Court setting aside the appointment of the appellant to the Marange chieftainship in 2016. It is a matter concerning the procedure to be followed in the appointment of chiefs in Zimbabwe pursuant to the advent of the current Constitution ...
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HH557-17 : ZVIDZAI MARANGE vs BERNARD MARANGE and MINISTER OF RURAL DEVELOPMENT, PROMOTION and PRESERVATION OF NATIONAL CULTURE and HERITAGE and PRESIDENT OF ZIMBABWE
Ruled By: MANGOTA J

Chikwavadombo Mastick Marange [“Chikwavadombo”] died on 8 September 2005. He was the substantive Chief Marange. Two persons acted in his place and stead, each in turn, after his death. These were one Ringisai Noah Marange and one Gilbert Marange.The first respondent eventually succeeded him as Chief Marange.The process of selecting ...
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SC02-21 : EDDIES PFUGARI (PVT) LTD and EDWARD NYANYIWA vs KNOWE RESIDENTS AND RATEPAYERS ASSOCIATION and NORTON TOWN COUNCIL
Ruled By: PATEL JA, BHUNU JA and BERE JA

This is an appeal against the judgment of the High Court granting an application for specific performance lodged by the first respondent against the appellants. Apart from granting the relief sought, including the payment of damages in the alternative, the court a quo also ordered the appellants to pay costs ...
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HH965-15 : CONPLANT TECHNOLOGY (PVT) LTD vs WENTSPRING INVESTMENTS (PVT) LTD
Ruled By: MAFUSIRE J

The trial in this matter was held up by a preliminary argument on a special plea. The central question was whether or not the trial should be stayed and the matter referred to arbitration in terms of an arbitration clause in the contract between the parties upon which the plaintiff ...
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HHH256-21 : IGNATIUS CHOMBO vs THE STATE
Ruled By: CHATUKUTA J

This is an application referred to by the applicant as “Court Application for the Second Revival of Temporary Variation of Bail Conditions in B1836/19: HH735/19” being made in terms of section 126(1) of the Criminal Procedure and Evidence Act [Chapter 9:07] (the Act).The application was initially not opposed.On 3 May ...
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SC20-22 : NATIONAL SOCIAL SECURITY AUTHORITY vs HOUSING COOPERATION ZIMBABWE (PVT) LTD and PETER CARNEGIE LLOYD N.O.
Ruled By: MAVANGIRA JA, UCHENA JA and CHATUKUTA JA

After hearing the parties on 13 September 2021, we gave our judgment on the matter extempore. Our written reasons for judgment have now been requested by the respondent's legal practitioners. Hereunder appears the judgment that was handed down ex tempore on 13 September 2021.This is the unanimous decision of this ...
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SC21-21 : ZIMBABWE UNITED PASSENGER COMPANY vs BEAULAR MASHINGE
Ruled By: MAKARAU JA, GOWORA JA and BERE JA

The power to remit a matter to a lower court or tribunal is a common law power inherent in the High Court and in the court a quo by virtue of section 89 of the Labour Act [Chapter 28.01], used in its discretion and in circumstances where it is not ...
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Appealed
SSC25-21 : ROBERT GUMBURA vs THE STATE
Ruled By: BHUNU JA

The applicant approaches this Court in terms of section 123(1)(a)(i) of the Criminal Procedure and Evidence Act [Chapter 9:07] with an application for bail pending appeal.He initially approached the High Court with the same application. The court a quo declined jurisdiction and deferred the application for determination by this Court.Factual ...
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SC26-21 : JOSEPH LUNGU and OTHERS vs RESERVE BANK OF ZIMBABWE
Ruled By: GUVAVA JA, MAVANGIRA JA and MAKONI JA

On 26 January 2017, this Court, in SC01-17, adjudicating over the parties' dispute, remitted the matter to the Labour Court (the court a quo) for a determination of the following issues:“To determine, on the basis of specific provisions of the Works Council Agreement concluded in September 2010, and the minutes ...
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HB11-15 : CHARITY GONYORA (In her application for the guardianship of Clifford Mayizoni Mwale ) vs X
Ruled By: MUTEMA J

On 12 November 2014, the Provincial Magistrate issued the applicant, Charity Gonyora, with a certificate of guardianship in respect of the minor child, Clifford Mayizoni Mwale (male born 7 July 1998).In the application for the guardianship in the magistrates' Juvenile Court, the applicant was represented by an organisation called Justice ...
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HHB14-15 : THE STATE vs ZONDIWE NCUBE
Ruled By: TAKUVA J and MUTEMA J

This matter was placed before me in terms of section 57(1)(b) of the Magistrates' Court Act [Chapter 7:10].The facts are that the accused was charged with and convicted of contravening section 114(2)(b) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] (stock theft).It was alleged in the summary jurisdiction, ...
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SC60-21 : LEATHOUT INVESTMENTS (PVT) LTD vs FUTURE MUVIRIMI and PETRONELLA MUVIRIMI
Ruled By: GOWORA JA, PATEL JA and BERE JA

The parties herein are engaged in various wrangles in the Magistrates Court and the High Court. The wrangles have seen the parties file complaints of alleged criminal activities against each other.In this appeal, the dispute relates to immovable property.On 2 April 2014, the appellant caused summons to be issued out ...
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CC03-13 : DOUGLAS MUZANENHAMO vs OFFICER IN CHARGE CID LAW AND ORDER and OTHERS
Ruled By: CHIDYAUSIKU CJ, MALABA DCJ, ZIYAMBI JA, GARWE JA, GOWORA JA, PATEL JA, HLATSHWAYO JA, CHIWESHE AJA and GUVAVA AJA

This is an application under section 24(1) of the former Constitution for declaratory and consequential relief pursuant to the Declaration of Rights enshrined in that Constitution.The applicant in this matter is HIV positive. He started his anti-retroviral treatment in 2003. On 19 February 2011, he was arrested at a meeting ...
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SC01-17 : JOSEPH LUNGU and OTHERS vs RESERVE BANK OF ZIMBABWE
Ruled By: GWAUNZA JA, PATEL JA and MAVANGIRA JA

This is an appeal against the judgment of the Labour Court setting aside an arbitral award in favour of the appellants which upheld their claim for the payment of arrear salaries and benefits.BackgroundThe appellants, being 153 in number, were employed as security guards on fixed-term contracts renewable every three months. ...
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SC51-14 : MADHATTER MINING COMPANY vs MARVELLOUS TAPFUMA
Ruled By: GWAUNZA JA, GOWORA JA and HLATSHWAYO JA

In Horace Nzuma and 2 Others v Hunyani Paper and Packaging SC137-11, the court issued an order in these terms:“The matter is remitted to the court a quo to exercise its equitable jurisdiction in determining the question of conversion of backpay into foreign currency and the applicable rate.”The effect of ...
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SC65-18 : PIONEER TRANSPORT vs MAFIKENI
Ruled By: GARWE JA, MAVANGIRA JA and BHUNU JA

This is an appeal against a judgment of the Labour Court wherein the decision to dismiss the appellant from employment that had been made by the appellant's Managing Director was set aside whilst an earlier decision by the disciplinary committee, that the respondent be issued with a second written warning, ...
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HB29-15 : JOYCE MAKUMBE vs ANDRISON MUNZVENGA
Ruled By: MUTEMA J and MOYO J

This is a custody dispute.The appellant is the mother of the minor child whose custody is the subject matter of this appeal. The respondent is the father of the said minor child. The child, namely, Z, is a female who was aged two (2) years at the time the custody ...
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SC08-16 : CFI RETAIL (PRIVATE) LIMITED vs ERIC MANYIKA
Ruled By: MALABA DCJ, ZIYAMBI JA and GOWORA JA

After hearing counsel for the appellant, the appeal was allowed with costs and the order of the court a quo set aside. The matter was remitted to the court a quo for it to be determined on the merits. It was indicated that reasons for the decision would follow in ...
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SC131-21 : CHANTELLE MUTESWA vs FRANK BUYANGA SADIQI
Ruled By: UCHENA JA, CHITAKUNYE JA and KUDYA JA

This is an appeal against the judgment of the High Court dated 18 March 2020 in which it granted to the respondent joint custody and joint guardianship of the minor child.In the same order, the court a quo, thereafter, ordered that an investigation be conducted by the Department of Social ...
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SC134-21 : OK ZIMBABWE LIMITED vs BENJAMIN TAZVIVINGA
Ruled By: GWAUNZA DCJ, HLATSHWAYO JA and BERE JA

This is an appeal against the default judgment granted by the Labour Court on 2 November 2016.BACKGROUND FACTSThe respondent was employed by the appellant as a till operator. On 30 June 2015, there was a scuffle between the respondent and a customer over an issue of change. A spot check ...
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SC141-21 : WISE GARIRA and SHEPHARD MASHINGAIDZE and BAYAI BAYAI vs NATIONAL ENGINEERING WORKERS UNION and FIRST CAPITAL BANK
Ruled By: GUVAVA JA, BHUNU JA and KUDYA AJA

This is an appeal against the whole judgment of the High Court (the court a quo) which ordered the removal of the three appellants from being signatories to the first respondent's Bank account with the second respondent.The appeal is opposed by the first respondent....,.BRIEF BACKGROUND OF THE CASEThe first respondent ...
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SC143-21 : HAPPISON MUCHECHETERE vs ZIMBABWE BROADCASTING CORPORATION (PVT) LTD and RETIRED JUSTICE JAMES DEVITTE N.O. and GIBSON MUNYORO
Ruled By: GWAUNZA DCJ, UCHENA JA and MAKONI JA

This is an appeal against the entire judgment of the Labour Court handed down on 10 March 2017. The Labour Court dismissed the appellant's application for review challenging the disciplinary proceedings that led to his dismissal from the first respondent's employment.There were no appearances for the second and third respondents.FACTUAL ...
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HH595-15 : MAKANDI TEA AND COFFEE ESTATE (PVT) LTD vs THE ATTORNEY GENERAL OF ZIMBABWE N.O. and V. GAPARA N.O.
Ruled By: MAKONI J

This is an application for review of the second respondent's decision in which he declined to stay proceedings before him in terms of section 7 of the Arbitration (Resolution of International Investment Disputes) Act [Chapter 7:03] (the Act).The background to the matter is that the applicant is a company duly ...
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HH02-22 : LIVISON CHIKUTU and PHENEAS CHITSANGE and ALBERT DHUMELA vs MINISTER OF LANDS, AGRICULTURE, WATER, CLIMATE & RURAL RESETTLEMENT and OTHERS
Ruled By: MAFUSIRE J

In Nyambirai v National Social Security Authority Anor 1995 (2) ZLR 1 (S) the Supreme Court…, put it as follows:“I do not doubt, that, because of their superior knowledge and experience of society and its needs, and a familiarity with local conditions, national authorities are, in principle, better ...
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CC04-16 : SISTER BERRY (NEE NCUBE) and JESSE AARON BERRY vs THE CHIEF IMMIGRATION OFFICER and THE MINISTER OF HOME AFFAIRS
Ruled By: CHIDYAUSIKU CJ, MALABA DCJ, ZIYAMBI JCC, GWAUNZA JCC, GOWORA JCC, HLATSHWAYO JCC, PATEL JCC, GUVAVA JCC and MAVANGIRA AJCC

This is an application in terms of subsections 85(1)(a) and 85(1)(b) of the Constitution of Zimbabwe Amendment (No.20/2013) (“the Constitution”). The first applicant is acting in both her own interest and that of her husband who is the second applicant.In their heads of argument, the applicants submit that they have ...
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CC07-15 : DANIS KONSON vs THE STATE
Ruled By: CHIDYAUSIKU CJ, MALABA DCJ, GWAUNZA JCC, GARWE JCC, GOWORA JCC, HLATSHWAYO JCC, PATEL JCC, GUVAVA JCC and MAVANGIRA AJCC

On 3 February 2014, under Case No HB158/13, the High Court, sitting at Bulawayo, convicted the applicant of murder with actual intent to kill. After finding that there were no extenuating circumstances surrounding the commission of the offence, the court passed a sentence of death.The background facts surrounding the applicant's ...
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SC57-18 : DRUM CITY (PRIVATE) LIMITED vs BRENDA GARUDZO
Ruled By: GWAUNZA DCJ, MAKARAU JA and MAKONI JA

This is an appeal against the decision of the Labour Court confirming the draft ruling of the respondent, a labour officer. The ruling was in favour of the appellant's former employee, Ms Umarah Khan whose contract of employment was summarily terminated as from 15 April 2015 on allegations of certain ...
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SC70-19 : ADRIAN READ vs JOHN GARDINER and SAFARI HUNTERS (PRIVATE) LIMITED
Ruled By: HLATSHWAYO JA, PATEL JA and MAVANGIRA JA

This is an appeal against the judgment of the High Court dismissing, with costs on a legal practitioner and client scale, an application for condonation of the failure to apply for the rescission of a default judgment granted in Case No. HC2424/17 within the time stipulated by the High Court ...
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HMT03-19 : THE TRUSTEES OF THE UNITED MUTARE RESIDENTS AND RATEPAYERS TRUST (UMRRT) vs CITY OF MUTARE and THE MINISTER OF LOCAL GOVERNMENT, PUBLIC WORKS & NATIONAL HOUSING
Ruled By: MUZENDA J

On the 23rd of March 2015, Mr Sebastian Bakare; Mr Terrance Moody; Ms Natsai Nyamuwanza; Mr Cephas Sagwete; Ms Poshier Magada; Ms Maraidza Elizabeth Mutambara joined together to form United Mutare Residents and Ratepayers Trust.Counsel for the applicant appears on the copy of the Resolution dated 3rd July 2018 which ...
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HMT53-19 : SHINGIRAI VAMBE vs RUSAPE TOWN COUNCIL
Ruled By: MWAYERA J and MUZENDA J

The appellant instituted summons at Rusape Magistrate Court claiming $5,000 from the respondent being general damages arising from the alleged unlawful destruction of the appellant's temporary structure constructed at No.7688 without a valid court order as well as for harassing the appellant's wife at the latter's work place without the ...
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