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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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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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