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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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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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