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Appeal, Leave to Appeal, Leave to Execute Pending Appeal re: Approach iro Limitation to the Right of Appeal

HH55-09 : EBI ZIMBABWE (PVT) LTD vs OLD MUTUAL UNIT TRUSTS (PVT) LTD and ADVOCATE J.C.J. LEWIS
Ruled By: PATEL J

Article 12 of the Model Law, First Schedule to the Arbitration Act [Chapter 7:15], provides as follows:“(1) When a person is approached in connection with his possible appointment as an arbitrator, he shall disclose any circumstances likely to give rise to justifiable doubts as to his impartiality or independence. An ...
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HH59-09 : TRUST CORPORATION SECURITIES (PRIVATE) LIMITED vs L.M. GABILO and DEVORGILLE KATSANZA
Ruled By: UCHENA J

Article 13 of the Arbitration Act [Chapter 7:15] provides as follows:“(1) The parties are free to agree on a procedure for challenging an arbitrator, subject to the provisions of para (3) of this article.(2) Failing such agreement, a party who intends to challenge an arbitrator shall, within fifteen days after ...
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HH58-12 : ASHANTI GOLDFIELDS ZIMBABWE LIMITED t/a FREDA REBECCA MINE vs JOACHIM C NGUWO
Ruled By: MUTEMA J

On 29 March 2011 I dismissed, unconditionally, an application for summary judgment by the applicant.On 4 May 2011, I dismissed a chamber application for leave to appeal to the Supreme Court against the order dismissing the application for summary judgment. The application for the leave to appeal had been made ...
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HH35-08 : BRETT LEONADES PISSAS vs HELEN LOUISE PISSAS
Ruled By: GOWORA J

In terms of section 43 the High Court Act [Chapter 7:06] appeals from the court are provided for as follows:“1. Subject to this section, an appeal in any civil case shall lie to the Supreme Court from any judgment of the High Court, whether in the exercise of its original ...
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HH27-08 : EDSON NYAMAPFENI vs CONSTITUENCY REGISTRAR MBERENGWA EAST and ZIMBABWE ELECTORAL COMMISSION and MINISTER OF JUSTICE and DOUGLAS MOMBESHORA and CLEVER KUGOTI
Ruled By: UCHENA J

Section 46(19)(c) of the Electoral Act [Chapter 2:13]..., provides as follows -“If no appeal, in terms of paragraph (b), is lodged within four days after the receipt of notice of the decision of the nomination officer, the right of appeal of the candidate shall lapse and the decision of the ...
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HH37-08 : MOVEMENT FOR DEMOCRATIC CHANGE and MORGAN TSVANGIRAI vs CHAIRPERSON, ZIMBABWE ELECTORAL COMMISSION and CHIEF ELECTIONS OFFICER, ZIMBABWE ELECTORAL COMMISSION
Ruled By: UCHENA J

Subsection (7) of section 67A of the Electoral Act [Chapter 2:13] provides as follows:“(7) The Commission's decision on whether or not to order a recount, and, if it orders one, the extent of the recount, shall not be subject to appeal.”The fact that the Zimbabwe Electoral Commission's decision to recount, ...
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SC23-14 : THE ATTORNEY GENERAL vs ALEC MUCHADEHAMA and CONSTANCE GAMBARA
Ruled By: MALABA DCJ

This matter was placed before me in chambers as an application for condonation and extension of time within which to appeal from a decision of a judge of the High Court. The decision refused leave to appeal to that court from a decision of a magistrate discharging the respondents of a criminal charge at ...
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SC23-14 : THE ATTORNEY GENERAL vs ALEC MUCHADEHAMA and CONSTANCE GAMBARA
Ruled By: MALABA DCJ

It is necessary to consider the meaning of the terms of the provisions of section 198(4)(b) of the Criminal Procedure and Evidence Act [Chapter 9:07] and take into account the purpose of the section. The consideration leaves no doubt in the mind that giving a right to appeal from a decision of a judge ...
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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 allow a person, ...
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CC13-16 : LIVERA TRADING (PRIVATE) LIMITED and SIMON RUDLAND and SARAH RUDLAND vs TORNBRIDGE ASSETS LTD and CUT RAG PROCESSORS (PVT) LTD and THE SHERIFF OF THE HIGH COURT N.O.
Ruled By: ZIYAMBI JCC

In Chambers in terms of Rule 32(12) of the Constitutional Court Rules, 2016. On 2 September 2016, the High Court (MTSHIYA J) granted a provisional order in favour of the respondents in the following terms:-“IT IS ORDERED THAT:1. The 1st, 2nd and 3rd respondents and any person acting through them be and are ...
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HB28-14 : DHERERAI MANYONI vs COMMISSIONER GENERAL OF POLICE and CHIEF SUPERINTENDENT KUNENE and CO-MINISTERS OF HOME AFFAIRS
Ruled By: MOYO J

On the appeal route, though, the decision of the Commissioner General of the Police is not appealable to this court in terms of the Police Act [Chapter 11:10] as read with section 34(1) of the High Court Act [Chapter 7:06].
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HH631-15 : GOLDEN REEF MINING (PRIVATE) LIMITED and FERBIT INVESTMENTS (PRIVATE) LIMITED vs MNJIYA CONSULTING ENGINEERS (PTY) LIMITED and THE SHERIFF
Ruled By: MAFUSIRE J

Section 43(2) of the High Court Act [Chapter 7:06] reads as follows:“(2) No appeal shall lie -(a)…,.(b)….,.(c)…,.(d) From an interlocutory order or interlocutory judgment made or given by a judge of the High Court, without the leave of that judge or, if that has been refused, without the leave of a judge of ...
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HH36-15 : LEE WAVERLY JOHN vs PRINCIPAL IMMIGRATION OFFICER and CO-MINISTERS OF HOME AFFAIRS
Ruled By: MUSAKWA J

Section 21(1), (2) and (3) of the Immigration Act [Chapter 4:02] reads as follows:- “(1) Subject to subsection (2), subsection (2) of section eighteen and section twenty-two, any person who receives notice in writing in terms of paragraph (a) of subsection (4) of section eight that leave to enter Zimbabwe has been refused or that ...
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HH676-15 : CONSTABLE TAMANIKWA vs BOARD PRESIDENT (CHIEF SUPERINTENDENT BALENI) and THE COMMISSIONER GENERAL OF POLICE
Ruled By: MATHONSI J

Section 70(5) of the Constitution, in terms of which the applicant has appealed to the High Court, provides: “Any person who has been tried and convicted of an offence has the right, subject to reasonable restrictions that may be prescribed by law, to – (a) Have the case reviewed by a higher court; or (b) Appeal to a higher court ...
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HH65-12 : CHARWADZA MADZWAWAWA vs ROSEMARY VAMBE
Ruled By: GUVAVA J and MAWADZE J

There are only two issues which exercised our minds and therefore fall for determination in this appeal. There are; 1. Whether an appeal lies against the judgment appealed in view of the fact that the Domestic Violence Act [Chapter 5:16] (DVA) makes no provision in respect of appeals….,. Whether or not an appeal lies against the judgment appealed? It is common ...
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HH311-18 : SERGEANT KHAUYEZA (F048677J) vs THE TRIAL OFFICER (Superintendent J. Mandizha) and THE COMMISSIONER GENERAL OF POLICE
Ruled By: CHIWESHE JP and CHAREWA J

Section 33(2) of the Police Act [Chapter 11:10] gives the right to appeal to the High Court only to members convicted of a disciplinary offence by a Board of officers, not by a single trial officer. It is thus clear that an appeal from a single trial officer only lies to the Commissioner General of ...
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HH311-18 : SERGEANT KHAUYEZA (F048677J) vs THE TRIAL OFFICER (Superintendent J. Mandizha) and THE COMMISSIONER GENERAL OF POLICE
Ruled By: CHIWESHE JP and CHAREWA J

Section 171(1)(b) and (d) of the Constitution gives the High Court power “…, to supervise magistrates courts and other subordinate courts and to review their decisions;” and to sit as an Appellate Court as mandated by an Act of Parliament. Thus, section 171(1)(b) gives unlimited power to the High Court to review decisions of subordinate courts, while ...
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SC67-19 : DANIEL CHINTENGO vs TREDCOR ZIMBABWE (PRIVATE) LIMITED t/a TRENTYRE ZIMBABWE
Ruled By: MALABA CJ, GUVAVA JA and BERE JA

Having determined that the judgment which was handed down by the court a quo was a default judgment, the question that obtains is whether the appellant could properly appeal against it. At law, one cannot appeal against a default judgment. Rather, the proper procedure is for the aggrieved party to seek rescission of the judgment. This position was laid ...
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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 ...