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Jurisdiction re: Domestic, Internal or Local Procedures

HH21-09 : MASHONALAND TURF CLUB vs MICHELLE NYAMANGUNDA
Ruled By: MTSHIYA J

This is an action for the eviction of the defendant and all those claiming occupation through her from the plaintiff's premises situate at the Borrowdale Park Race Course, Harare.It is common cause that on 23 April 2007 the plaintiff entered into a lease agreement with a company called Lunar Graphics ...
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HH172-10 : COTTON GINNERS ASSOCIATION vs SINO ZIMBABWE COTTON HOLDINGS (PVT) LTD and AGRICULTURAL MARKETING AUTHORITY
Ruled By: CHIWESHE JP

The cotton industry is a highly organized and regularized sector. I would expect that the applicant would, in the first instance, as it has done, forward its urgent complaint to the Cotton Marketing Technical Committee. In the event it was aggrieved by the decision of the Cotton Marketing Technical Committee it would then approach the ...
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HB86-13 : GRACE SIBANDA vs MILDRED SIBANDA (NCUBE) and BONGANI NDLOVU and ASSISTANT MASTER OF THE HIGH COURT
Ruled By: MAKONESE J

At the commencement of the hearing, the first respondent raised a point in limine arguing that the matter was not properly before the court. The main thrust of the first respondent's preliminary point was that the application was not properly before the High Court in that the applicant did not observe the provisions of section ...
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HH286-14 : TARISAI CHIKUWE and PATRICK CHIKUWE and OTHERS vs ABIGAIL MAGUNA and GENERATIONS EXECUTOR SERVICES (NO) and MASTER OF THE HIGH COURT and DIRECTOR OF HOUSING AND COMMUNITY SERVICES
Ruled By: CHITAKUNYE J

On the date of hearing, the respondent's counsel raised a point in limine to the effect that this court had no jurisdiction to entertain the application. She argued that the nature of the relief sought shows that the applicants are asking the court to redraw the Distribution Plan. It is clear the applicants are not happy ...
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Appealed
SC10-15 : ARAFAS MTAUSI GWARADZIMBA N.O. vs GURTA A.G.
Ruled By: GWAUNZA JA, GARWE JA and PATEL JA

Counsel for the appellant argues, inter alia, in respect of the order granted by the court a quo, that the court took the incorrect position that the merits or demerits of the matter were irrelevant. He contends that section 6(b) of the Reconstruction of State Indebted Insolvent Companies Act [Cap 24:27] requires ...
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HB98-16 : MATSON HLALO vs MOVEMENT FOR DEMOCRATIC CHANGE- TSVANGIRAI and MORGAN TSVANGIRAI – PRESIDENT OF MDC- T and PRESIDENT OF THE SENATE, PARLIAMENT OF ZIMBABWE and CLERK OF PARLIAMENT
Ruled By: MOYO J

The applicant contends that proper procedures were not followed in his expulsion in that his case was not properly dealt with and that an appeal is actually pending before the internal structures of the MDC-T in terms of their Constitution. It is my considered view that what is happening within the MDC-T is not the business of ...
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HMA12-18 : CONSTABLE CHIHWAI vs BOARD PRESIDENT N.O., CHIEF SUPERINTENDENT NYATHI M and COMMISSIONER GENERAL OF POLICE
Ruled By: MAFUSIRE J

Superior courts frown upon invitations to interfere with uncompleted proceedings of the inferior courts or special tribunals. They do so only in exceptional circumstances: see Attorney-General v Makamba 2005 [2] ZLR 54 [S]; Matapo Ors v Bhila NO Anor 2010 [1] ZLR 321 [H] and S v John 2013 [2] ZLR 154 [H]. Furthermore, it is discouraged for litigants ...
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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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HB147-18 : MARTIN JONGWE vs NATIONAL FOODS LTD and LABOUR COURT (BULAWAYO - HON KABASA)
Ruled By: MATHONSI J

The applicant is not a stranger to the courts at all.In fact, for a period spurning more than eight (8) years he has been a constant visitor either to the Labour Court in Bulawayo, where he has a rich record of cross reference files dating back to 2010, or this ...
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HH74-16 : TRIANGLE LTD and HIPPO VALLEY ESTATES LTD and MKWASINE ESTATE and THE ZIMBABAWE SUGAR ASSOCIATION EXPERIMENT STATION (PVT) LTD vs ZIMBABWE SUGAR MILLING INDUSTRY WORKERS' UNION and OTHERS
Ruled By: MAKONI J

The applicants approached this court seeking a provisional order in the following terms:“TERMS OF FINAL ORDER SOUGHTThat you show cause to this Honourable Court why a final order should not be made in the following terms:1. The 1st respondent, its members, and all other persons acting through it and on ...
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CC06-15 : ANNA CHIHAVA and BOAS MAPUVA and ZISHE CHIZANI vs THE PROVINCIAL MAGISTRATE FRANCIS MAPFUMO N.O. and THE PROSECUTOR GENERAL
Ruled By: CHIDYAUSIKU CJ, MALABA DCJ, ZIYAMBI JCC, GWAUNZA JCC, GARWE JCC, GOWORA JCC, HLATSHWAYO JCC, GUVAVA JCC and CHIWESHE AJCC

This is an application in terms of section 85(1)(a) of the Constitution of Zimbabwe.The appellants allege that their constitutional rights, as enshrined in sections 70(1(b), 70(1)(d) and 70(1)(c), have been violated through the manner in which criminal proceedings against them were conducted in the Magistrates Court sitting at Chivhu.They seek ...
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CC08-22 : IGNATIUS CHOMBO vs THE NATIONAL PROSECUTING AUTHORITY and THE PROSECUTOR GENERAL and THE ATTORNEY GENERAL
Ruled By: GARWE JCC, MAKARAU JCC and PATEL JCC

This is an application for leave to appeal against a decision of the Supreme Court handed down on 25 November 2021.Holding that there was no proper appeal before it, the Supreme Court struck from its roll the appeal that the applicant had noted against a judgment of the High Court.Using ...
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HMA06-19 : WILLMORE MAKUMIRE vs MINISTER OF PUBLIC SERVICE, LABOUR & SOCIAL WELFARE and ATTORNEY GENERAL OF ZIMBABWE
Ruled By: MAFUSIRE J

This judgment is given in default of appearance by the respondents. I am much concerned by the conduct of the officials from the office of the Attorney General, the second respondent herein.This was an opposed application.The respondents, through the Attorney-General, filed a notice of opposition. The record indicates, that, the ...
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HH494-13 : PATRICIA MAPINI vs OMNI AFRICA (PVT) LTD
Ruled By: TSANGA J

Where specific statutes apportion responsibility and authority for hearing certain matters, it is indeed vital, for the swift administration of justice, that the jurisdiction accorded any specific courts be recognised, respected, and enforced.
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