Law Portal
Zimbabwe

Welcome To Law Portal

Welcome, Guest!
[Help?]

Founding Affidavits re: Approach and the Rule that a Case Stands or Falls on Founding Affidavit iro Action Proceedings

Appealed
SC06-22 : JOEL SILONDA (SUBSTITUTED BY EXECUTOR, VUSUMUZI SILONDA) vs VUSUMUZI NKOMO
Ruled By: GUVAVA JA, UCHENA JA and KUDYA AJA

In Mtuda v Ndudzo 2000 (1) ZLR 710 (H)…, GARWE J…, held that where an issue is not raised in the pleadings but has been identified for determination at a pre-trial conference, and fully canvased at the trial, even if an amendment is not moved, a court is entitled to ...
More

View Appeal
HH606-18 : NMB BANK LIMITED vs FORMSCAFF (PVT) LTD and PENNIWILL (PVT) LTD and RODNEY GALLAGHAN and MILLICENT GALLAGHAN and CHARLES CANNINGS and CLIFFORD JOHNSON and LESLEY BENNET
Ruled By: MUZENDA J

On 13 March 2017, the plaintiff issued summons claiming against the defendants, jointly and severally, one paying the other to be absolved, payment of:(a) US$368,706=62 being capital;(b) US$20,654=10 being interest;(c) Interest on the sum of US$368,706=62 at the rate of 18% per annum subject to change from time to time ...
More

SC85-22 : BERNARD MUTANGA vs TSITSI MUTANGA
Ruled By: MAVANGIRA JA, UCHENA JA and MUSAKWA JA

This is an appeal against the entire judgment of the High Court delivered on 5 February 2020.The court a quo held that eighty-five percent (85%) of Number 16 Hawkshead Drive, Borrowdale, also known as Lot 1 of Lot 4 of Lot FA Quinnington situate in the District of Salisbury, measuring ...
More

Appealed
SC92-22 : VALENTINE ZISWA and MARGARET ZISWA vs GRAEME CHADWICK and LANDOS FARM (PRIVATE) LIMITED
Ruled By: UCHENA JA, MAKONI JA and KUDYA AJA

On 11 March 2015, the High Court granted part of the claim sought by Valentine Ziswa and his wife Margaret Ziswa (the cross appellants) against Graeme Shaun Chadwick and Landos (Pvt) Ltd (the cross respondents).The court a quo dismissed the claims of the cross-appellants as against the second cross-respondent in ...
More

Appealed
SC94-22 : ROBERT TINDWA vs THE SHERIFF FOR ZIMBABWE and INSTITUTE OF MINING RESEARCH
Ruled By: HLATSHWAYO JA, BHUNU JA and MAKONI JA

This is an appeal against the dismissal by the High Court of the appellant's claim to property placed under attachment in execution, being a piece of land situate in the district of Salisbury called Stand 262 Mount Pleasant Township 9 of Lot 50 Mount Pleasant, measuring 4144 square meters also ...
More

SC103-22 : BENSON MAKACHI and MR. MUGAVA and SIMON NOTA and SILAS GWESHE and GIBSON MUTSAKA and EVERSON BREAKFAST and DAVISON CHIVESO and FREDSON GAMA vs EVANGELICAL CHURCH OF ZIMBABWE
Ruled By: UCHENA JA, CHITAKUNYE JA and CHATUKUTA JA

This is an appeal against the whole judgment of the High Court, sitting at Harare, handed down on 29 July 2020 as judgment number HH495-20, wherein the court a quo granted a declaratory order to the effect, that, the appellants were no longer members of the respondent and were thus ...
More

View Appeal
HH240-15 : VALENTINE ZISWA and MARGARET ZISWA vs GREAEME CHADWICK and LANDOS FARM (PVT) LTD
Ruled By: MATHONSI J

The first plaintiff is a farmer who owns Ziswa Farm (“the farm”) otherwise known as Farm 23 of Lawrencedale Estate in the District of Makoni, Rusape which farm he prefers to rent out while staying on it, as he currently rents it out to his neighbour, he having rented it ...
More

Appealed
SC55-24 : JAYESH SHAH vs PROFESSOR CHARLES NHERERA
Ruled By: GWAUNZA DCJ, GUVAVA JA and CHATUKUTA JA

This is an appeal against the whole judgment of the High Court (the court a quo) handed down on 16 December 2021. The court a quo granted the respondent damages in the sum of US$30,000 for malicious prosecution and US$100,000 for malicious arrest and detention.The damages were to be paid ...
More

View Appeal
HH703-21 : PROFESSOR CHARLES NHERERA vs JAYESH SHAH
Ruled By: MATHONSI J

The facts of this matter are aptly captured in two earlier judgments.The first is a judgment of this court in Nherera v Shah 2015 (2) ZLR 455 (H) which granted absolution from the instance at the conclusion of the plaintiff's case. The second is a judgment of the Supreme Court, ...
More

Back Main menu

Categories

Back to top