Law Portal
Zimbabwe

Welcome To Law Portal

Welcome, Guest!
[Help?]

Socio-Economic Law, Good Governance and Social Trust

HB31-10 : BROOKLANDS HUNTING SAFARIS (PVT) LTD vs PABST HOLDINGS (PVT) LTD t/a CHAPUNGU RANCH and LOWVELD MARKETING SERVICES (PVT) LTD and MR WILLIAM PABST
Ruled By: KAMOCHA J

The parties in this matter are registered owners of pieces of land in the Save Conservancy. The applicant owns Lot 5 of Devure Ranch, Save Conservancy, also known as Msaize Ranch while the second respondent owns Lot 8 of Devure Ranch, Save Conservancy also known as Chapungu Ranch. During the 1991 to 1992 drought period the ...
More

HB129-10 : HERBERT VAN DEN BERG and CYNTHIA BESWICK vs FRANK LANG
Ruled By: MATHONSI J

This application would have been viewed in a different light if it had been an application to protect the applicants' right to water supply. It is not.
More

HH109-13 : HARARE AND DISTRICT HELLENIC COMMUNITY vs CREMION MAPFUMBA and ZIMBABWE ELECTRICITY AND TRANSMISSION AND DISTRIBUTION COMPANY and CITY OF HARARE
Ruled By: BERE J

The facts which are common cause in this case can be summarised as follows:Sometime in 2001, the applicant purchased from the third respondent Stand 18879 Harare Township. The applicant duly took transfer of the purchased Stand under Deed of Transfer 3745/2001. Annexure 'B' to this application confirms the transfer in question. The applicant purchased the ...
More

HB13-13 : ZIMBABWE NATIONAL WATER AUTHORITY vs KADOMA MUNICIPALITY
Ruled By: NDOU J

This is an application for summary judgment which is opposed by the respondent.The background facts are the following. On 6 May 2004, the parties entered into a written agreement for the purchase and sale of rate water for a period of ten years. It was a term of the agreement that billing was per allocation ...
More

Appealed
HH195-14 : FARAI MUSHORIWA vs CITY OF HARARE
Ruled By: BHUNU J

This is an urgent chamber application for a spoliation order coupled with an interdict. The Applicant seeks a final order as amended in the following terms: 1. That the termination by Respondent of the Applicant's water supplies on the basis of a disputed water bill and in the absence of a court order is unlawful self-help. 2. Respondent ...
More

View Appeal
SC54-18 : CITY OF HARARE vs FARAI MUSHORIWA
Ruled By: PATEL JA, UCHENA JA and ZIYAMBI AJA

This is an appeal against the judgment of the High Court granting a provisional order in favour of the respondent pursuant to an urgent chamber application filed by the latter. The relevant factual background is as follows: In May 2013, the appellant sent to the respondent a bill of $1,700= for water services rendered. The respondent disputed ...
More

HB154-16 : FORBES & THOMPSON (BULAWAYO) (PVT) LTD vs THE ZIMBABWE NATIONAL WATER AUTHORITY and TIMOTHY KADYAMUSUMA
Ruled By: MOYO J

This is an urgent application wherein the applicant seeks the following interim relief: “Pending the return date, the applicant is granted the following relief: (1) The 1st and 2nd respondent be and are hereby ordered immediately to reconnect the pipes and restore the supply of water from Blanket Dam in Gwanda to Vumbachikwe Mine which they disconnected. (2) Pending the return date, ...
More

HB04-15 : BULAWAYO CITY COUNCIL vs TRISHUL PROPERTIES
Ruled By: TAKUVA J

This is an application for summary judgment in terms of Order 10 Rule 64 of the High Court Rules 1971.The applicant, a local authority is obliged by the law to provide certain services to residents of the City of Bulawayo which services include the provision of road maintenance, refuse collection, ...
More

HH955-15 : SAMUEL UNDENGE vs BONGANI UNDENGE
Ruled By: MAKONI J and MWAYERA J

The appeal is against the entire judgment of the court a quo wherein the court ordered, that, the appellant pays maintenance in the sum of $350 per month until the respondent becomes self-supportive. The appellant raised grounds of appeal as follows:“1. The learned magistrate erred and misdirected herself in awarding ...
More

SC65-21 : STARAFRICA CORPORATION LIMITED vs ZIMBABWE SUGAR REFINERY WORKERS UNION
Ruled By: GWAUNZA DCJ, BHUNU JA and BERE JA

This is an appeal against part of the judgment of the Labour Court (the court a quo) handed down on 26 January 2018. The appeal is against that part of the judgment which upheld the arbitrator's award granting the respondent's members an 11 percent wage increase.FACTUAL BACKGROUND OF THE CASEThe ...
More

SC78-21 : ZIMBABWE HOMELESS PEOPLES FEDERATION and OTHERS vs MINISTER OF LOCAL GOVERNMENT AND NATIONAL HOUSING and OTHERS
Ruled By: GARWE JA, MAVANGIRA JA and MATHONSI JA

After hearing argument from the parties, the High Court of Zimbabwe made an order dismissing the application filed by the appellants in terms of section 85(1) of the Constitution of Zimbabwe. The court also ordered the appellants to pay the costs of the application.This followed a finding by the court ...
More

SC91-21 : ELPHAS MAPHISA vs CITY OF BULAWAYO
Ruled By: GUVAVA JA, UCHENA JA and CHITAKUNYE AJA

This is an appeal against the whole judgment of the High Court Bulawayo, dated 23 July 2020, which dismissed the appellant's appeal against the decision of the Magistrate's Court granting the respondent summary judgment against him.BACKGROUND FACTSThe appellant is the owner of a residential property known as Number 18 Pingstone ...
More

SC115-21 : ANDREW CHIGOVERA vs MINISTER OF ENERGY AND POWER DEVELOPMENT and ZIMBABWE ELECTRICITY TRANSMISSION AND DISTRIBUTION COMPANY (ZETDC)
Ruled By: GUVAVA JA, MAVANGIRA JA and KUDYA AJA

This is an appeal against the whole judgment of the High Court Harare, dated 25 July 2019. The court a quo dismissed with costs the application for a declaratory order that had been filed by the appellant.THE FACTSThe appellant is the owner of an immovable property situated in Mabelreign, Harare. ...
More

View Appeal
HMA13-19 : CONCILIA CHINANZVAVANA vs MINISTER OF JUSTICE, LEGAL & PARLIAMENTARY AFFAIRS and OTHERS
Ruled By: MAFUSIRE J

Section 251(1) of the Constitution of Zimbabwe says:“For a period of ten years after the effective date, there is a commission to be known as the National Peace and Reconciliation Commission consisting of –”The rest is not immediately relevant.The applicant is a Member of Parliament for the House of Assembly ...
More

HB36-15 : BULAWAYO CITY COUNCIL vs BUTTON ARMATURE WINDING (PVT) LTD
Ruled By: MUTEMA J

This is an application for summary judgment in the sum of US$86,927=90 said to represent arrear rates for the period spanning from June 2012 to June 2014.The statement for the bill for what the applicant contends is owed was attached to the founding affidavit as annexure “A”.The founding affidavit was ...
More

CC14-20 : HILTON CHIRONGA and RASHID MAHIYA vs MINISTER OF JUSTICE, LEGAL & PARLIAMENTARY AFFAIRS and MINISTER OF HOME AFFAIRS and MINISTER OF DEFENCE and GOVERNMENT OF ZIMBABWE
Ruled By: MALABA DCJ, ZIYAMBI JCC, GWAUNZA JCC, GARWE JCC, GOWORA JCC, HLATHSWAYO JCC, PATEL JCC, BHUNU JCC and UCHENA JCC

One of the crucial elements of the new constitutional dispension ushered in by the 2013 Constitution is to make a decisive break from turning a blind eye to constitutional obligations. To achieve this goal, the drafters of the Zimbabwean Constitution Amendment (No.20) Act 2013 (“the Constitution”) adopted the rule of ...
More

View Appeal
HH264-21 : MUSA KIKA vs MINISTER OF JUSTICE LEGAL & PARLIAMENTARY AFFAIRS and THE CHIEF JUSTICE HONOURABLE LUKE MALABA N.O. and OTHERS
Ruled By: ZHOU J, CHAREWA J and MUSHORE J

Section 3 of the Constitution 2013 states the following, among other things:“3. Founding Values and Principles(1) Zimbabwe is founded on respect for the following values and principles —(a) Supremacy of the Constitution;(b) The rule of law;(c) Fundamental human rights and freedoms;(d)…,.;(e)…,.;(f)….,.;(g)…,.;(h) Good governance;(i)…,.;(2) The principles of good governance, which bind ...
More

View Appeal
HH236-18 : MFUNDO MLILO vs THE PRESIDENT OF THE REPUBLIC OF ZIMBABWE
Ruled By: MANGOTA J

This is an ordinary opposed application which the applicant turned into an urgent one. He did so through a letter which he addressed to the Registrar of this court. The letter is dated 20 February 2018. It reads, in part, as follows:“2. As you will be aware, the application, among ...
More

Back Main menu

Categories