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Final Orders re: Final and Conclusive Rule iro Approach and the Effect of Conflicting Judgments

HH118-12 : CHIPO MUUSHA vs GIFT SARUCHERA and REGISTRAR OF THE HIGH COURT
Ruled By: UCHENA J

The officer in the Registrar's office clearly wrongly interpreted the court's order by giving the impression that the time limits imposed therein were of no consequence. He wrongly extended the time which the respondent was to act..., disregarding the time limits imposed by the judge who granted the order. He has no authority to ...
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HH87-10 : VENETIAN BLINDS SPECIALISTS LIMITED vs APEX HOLDINGS (PRIVATE) LIMITED
Ruled By: PATEL J

In any event, the defendant's tender of ZW$50.9 billion does not accord with the express terms of the Supreme Court judgment. Moreover, it did not, and could not adequately compensate the plaintiff as contemplated by that judgment.
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HH237-10 : ISDORE HUSAIHWEVHU and WALTER MUTOWO and FUNGAI ZINYAMA vs UZ – USF COLLABORATIVE RESEARCH PROGRAMME
Ruled By: GOWORA J

The respondent did not seek for leave from the Supreme Court. The judgment of the Labour Court has, therefore, not been set aside. It is trite that a judgment or order of a court is binding on the parties thereto unless and until it has been set aside.
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CC10-17 : ROBERT CHIITE and SEVEN OTHERS vs THE TRUSTEES OF THE LEONARD CHESHIRE HOMES ZIMBABWE CENTRAL TRUST
Ruled By: MALABA DCJ, ZIYAMBI JCC, GWAUNZA JCC, GARWE JCC, GOWORA JCC, HLATSHWAYO JCC, GUVAVA JCC, MAVANGIRA JCC and BHUNU JCC

Section 169(1) of the Constitution provides that the Supreme Court is the final court of appeal for Zimbabwe except in matters over which the Constitutional Court has jurisdiction. The respondents are the Trustees of the Leonard Cheshire Homes Central Trust established by a Notarial Deed of Trust on 2 April 1981. The mandate of the ...
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SC15-11 : RITENOTE PRINTERS (PRIVATE) LIMITED vs A. ADAM and COMPANY and THE MESSENGER OF COURT, HARARE
Ruled By: CHIDYAUSIKU CJ

As I have already stated, that judgment, though erroneous, is extant. Until it is set aside, it bars Adam Co from executing the judgment.
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SC31-10 : COMMERCIAL FARMERS UNION and OTHERS vs THE MINISTER OF LANDS AND RURAL RESETTLEMENT and OTHERS
Ruled By: CHIDYAUSIKU CJ, MALABA DCJ, ZIYAMBI JA, GARWE JA and CHEDA AJA

As regards the complaint that the individual applicants are being unfairly or illegally prosecuted for contravening section 3 of the Gazetted Lands (Consequential Provisions) Act [Chapter 20:08], the answer is to be found in the case of Tom Beattie Farms (Pvt) Ltd and Anor v Ignatius Mugova and Anor, Civil Application No. SC32/09 in ...
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SC25-17 : DR NOBERT KUNONGA vs THE CHURCH OF THE PROVINCE OF CENTRAL AFRICA
Ruled By: ZIYAMBI JA, GARWE JA and BHUNU JA

EFFECT OF THE SUPREME COURT DECISION ON THE STATED CASE The judgment of this court that resolved the dispute within the Anglican Church was the Church of the Province of Central Africa v Diocesan Trustees, Harare Province SC48-12, now reported in 2012 (2) ZLR 392 (S). In that judgment, this court made a number of factual ...
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SC71-15 : SIMBI (STEELMAKERS) (PRIVATE) LIMITED vs M. SHAMU and OTHERS
Ruled By: GARWE JA, GOWORA JA and PATEL JA

One final aspect concerns the decision of the court a quo relating to the adjustment of the allowances payable to two of the respondents. The appellant did not challenge this finding on appeal to this Court and it therefore remains intact.
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Appealed
CC11-18 : LYTTON INVESTMENTS (PRIVATE) LIMITED vs STANDARD CHARTERED BANK ZIMBABWE LIMITED and ATTORNEY-GENERAL OF ZIMBABWE
Ruled By: MALABA CJ

This is a chamber application for leave for direct access to the Constitutional Court (“the Court”) in terms of Rule 21 of the Constitutional Court Rules, S.I.61 of 2016 (“the Rules”). The applicant intends to file the main application with the Court should leave for direct access be granted. The matter that is intended to be placed ...
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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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Appealed
CC04-19 : ITYAI NKOMO and THEMBINKOSI NYATHI and NICHOLAS KHUMBULA TSHILI vs T. M. SUPERMARKETS (PRIVATE) LIMITED
Ruled By: MALABA CJ and GOWORA JCC and HLATSHWAYO JCC

Section 169(1) of the Constitution provides that the Supreme Court is the final court of appeal for Zimbabwe except in matters over which the Constitutional Court has jurisdiction. In Rushesha Ors v Dera Ors CC24-17…, the Court emphasised the fact that there is no right of appeal from a subordinate court on a non-constitutional matter. ...
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CC05-19 : MISHECK MUZA vs REGGY SARUCHERA (as liquidator of J.W. Jaggers Wholesalers PL) and PRICE TRUST and MASTER OF THE HIGH COURT and REGISTRAR OF DEEDS
Ruled By: MALABA CJ and PATEL JCC and GUVAVA JCC

Section 167(1)(b) of the Constitution makes it clear that the jurisdiction of the Constitutional Court is limited to deciding only constitutional matters and issues connected with decisions on constitutional matters. It is the highest court in all constitutional matters.
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CC06-19 : BONNYVIEW ESTATE (PRIVATE) LIMITED vs ZIMBABWE PLATINUM MINE (PRIVATE) LIMITED and MINISTRY OF LANDS AND RURAL RESETTLEMENT
Ruled By: MALABA CJ and MAVANGIRA JCC and BHUNU JCC

Relating to the hierarchy of courts in non-constitutional matters, section 169(1) of the Constitution becomes paramount. It provides as follows: “169 Jurisdiction of Supreme Court (1) The Supreme Court is the final court of appeal for Zimbabwe, except in matters over which the Constitutional Court has jurisdiction.” In Rushesha Ors v Dera Ors CC24-17 gwaunza jcc…, interpreted this provision ...
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Appealed
CC13-19 : VENGESAI CHIRASHA vs NATIONAL FOODS LIMITED and ANTI-CORRUPTION COMMISSION and JUDICIAL SERVICE COMMISSION
Ruled By: MALABA CJ and PATEL JCC and GUVAVA JCC

In terms of section 169(1) of the Constitution, as read with section 26(1) of the Supreme Court Act [Chapter 7:13], decisions of the Supreme Court are final except in matters over which the Constitutional Court has jurisdiction. See Williams and Anor v Msipha N.O. and Ors 2010 (2) ZLR 552 (S); Nyamande and Anor v ...
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Appealed
CC15-19 : THOUSAND SADZIWANI vs NATPAK (PRIVATE) LIMITED and THE ATTORNEY-GENERAL and NATIONAL FOODS LIMITED
Ruled By: MALABA CJ and GOWORA JCC and HLATSHWAYO JCC

In Lytton Investments (Pvt) Ltd v Standard Chartered Bank Zimbabwe Ltd and Anor CC11-18, the Constitutional Court had the following to say…,: “A principle has developed out of the consideration of applications seeking to attack final decisions of the Supreme Court on the ground that they violate the right to equal protection of the law. The applications have invariably been ...
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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

A decision of the Supreme Court on a factual issue is final. In Robson Makoni v The Cold Chain t/a Sea Harvest SC55-16, this Court confirmed that the amount of damages awarded in the local currency be converted to foreign currency. I am fortified in this view by the remarks of MALABA CJ, in the ...
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CC02-20 : JOSEPH CHANI vs JUSTICE HLEKANI MWAYERA and MICHAEL MUGABE and MUSUTAMI CHIFAMUNA and NATIONAL PROSECUTING AUTHORITY
Ruled By: MALABA CJ

This is a chamber application for an order of leave for direct access to the Constitutional Court (“the Court”) in terms of section 167(5) of the Constitution of Zimbabwe Amendment (No.20) Act 2013 (“the Constitution”), as read with Rule21(2) of the Constitutional Court Rules S.I.61/2016 (“the Rules”).FACTUAL BACKGROUNDAt the conclusion ...
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CC10-15 : PROSECUTOR GENERAL, ZIMBABWE vs TELECEL ZIMBABWE (PRIVATE) LIMITED
Ruled By: CHIDYAUSIKU CJ, MALABA DCJ, GWAUNZA JCC, GOWORA JCC, GUVAVA JCC, MAVANGIRA AJCC, CHIWESHE AJCC, MAKONI AJCC, BHUNU AJCC

The court did not hear argument on the merits of this application, but determined it on the preliminary point of whether or not the matter had been properly brought before the Constitutional Court. At the end of the hearing the court issued the following order:- “The application be and is hereby dismissed with costs ...
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CC08-20 : FEATHERS MUKONDO vs THE STATE
Ruled By: MALABA CJ

This is a chamber application for an order for direct access to the Constitutional Court (“the Court”) in terms of Rule 21(2) of the Constitutional Court Rules, S.I.61 of 2016 (“the Rules”).The applicant intends to file the substantive application with the Constitutional Court in terms of section 85(1)(a) of the ...
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CC09-20 : TUNGAMIRAI NYENGERA vs THE STATE
Ruled By: MALABA CJ

This is a chamber application for leave to appeal to the Constitutional Court (“the Court”) against a decision of the Supreme Court (“the court a quo”) in terms of Rule 32(2) of the Constitutional Court Rules S.I.61 of 2016 (“the Rules”), as read with section 167(5)(b) of the Constitution of ...
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HH458-19 : KNOWE RESIDENTS AND RATEPAYERS ASSOCIATION vs EDDIES PFUGARI (PVT) LTD and EDWARD NYANYIWA and NORTON TOWN COUNCIL and REGISTRAR OF THE HIGH COURT
Ruled By: FOROMA J

The law regarding the need to comply with court orders which a party disagrees with is very clear - it is that, in general, all orders of court, whether correctly or incorrectly granted, have to be obeyed until they are properly set aside: Culverwell v Berra 1992 (4) SA 490 ...
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CC08-15 : DON NYAMANDE and KINGSTONE DONGA vs ZUVA PETROLEUM
Ruled By: ZIYAMBI JCC

Counsel for the applicants submitted that the applicants derive their right of appeal from section 167(5)(b) as read with section 169(1) of the Constitution. The provisions are set out hereunder. Great emphasis was placed on the underlined words.“167 Jurisdiction of Constitutional Court(1) – (4)…,.(5) Rules of the Constitutional Court must ...
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SSC07-21 : CAINOS CHINGOMBE vs THE STATE
Ruled By: MAKONI JA

This is an appeal against refusal of bail by the High Court handed down on 21 January 2021. The appeal is made in terms of Rule 67(1) of the Supreme Rules, 2018 (the Rules) as read with section 121(1)(b) of the Criminal Procedure and Evidence Act [Chapter 9:07] (the CPEA).WHETHER ...