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Costs re: Approach

SC50-21 : A. ADAM AND COMPANY (PVT) LTD and SGI PROPERTIES (PVT) LTD and HONOURABLE RETIRED JUSTICE SMITH vs GOOD LIVING REAL ESTATE (PVT) LTD
Ruled By: GWAUNZA DCJ, BHUNU JA and MAKONI JA

This is an appeal against the whole judgment of the High Court setting aside an arbitral award granted in favour of the appellants on the basis that it was contrary to public policy as it was made in defiance of an extant court order.THE BACKGROUNDOn 10 January 2010, the first ...
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HMA28-20 : TRIANGLE LIMITED and HIPPO VALLEY ESTATES vs ZIMBABWE REVENUE AUTHORITY and OTHERS
Ruled By: ZISENGWE J

COSTSThe general rule is that the successful party is entitled to his costs.In determining who the successful party is, the court looks to the substance and not the form of the judgment.In the present case, the respondents who participated in this application (i.e. the first, the Zimbabwe Revenue Authority (ZIMRA), ...
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HH485-20 : MIKE MHLANGA vs IRENE MHLANGA
Ruled By: CHIRAWU-MUGOMBA J

Costs are at the discretion of the court.
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SC144-21 : FARAI MATSIKA and FAIRGOLD INVESTMENTS (PRIVATE) LIMITED vs MOSES CHINGWENA and 38 OTHERS
Ruled By: BHUNU JA

COSTSIn view of the first applicant's deplorable unbecoming behaviour, in manufacturing fraudulent documents to deceive the court, costs at the punitive scale were eminently deserved in the court a quo.In the current proceedings before me, there is no reason for departure from the general rule that costs follow the result.
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HH28-16 : FARPIN INVESTMENTS [PVT] LTD vs NETONE CELLULAR [PVT] LTD and JUSTICE L.G. SMITH [RETD] - ARBITRATOR
Ruled By: MAFUSIRE J

The award of costs is wholly a matter in the discretion of the judicial officer: see Graham v Odendaal 1971 [2] SA 611 [AD]; Kruger Brothers Wassermen v Ruskin 1918 AD 63 and Rautenbach v Symington 1995 SA 583 [O].
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CC08-18 : JOYCE MUJURU vs PRESIDENT OF ZIMBABWE and PARLIAMENT OF ZIMBABWE and MINISTER OF FINANCE AND ECONOMIC DEVELOPMENT and RESERVE BANK OF ZIMBABWE and GOVERNOR OF THE RESERVE BANK and ATTORNEY GENERAL
Ruled By: CHIDYAUSIKU CJ, MALABA DCJ, GWAUNZA JCC, GARWE JCC, HLATSHWAYO JCC, PATEL JCC, GUVAVA JCC, MAVANGIRA JCC and UCHENA JCC

COSTSThe general consideration in constitutional litigation is that the promotion or advancement of constitutional justice should not be hindered by litigants who are discouraged from pursuing constitutional matters for fear of an order of costs being mulcted against them.Du PLESSIS M, PENFOLD G BRICKHILL J, in their text, ...
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HH95-16 : MANICA ZIMBABWE LTD vs GRINDSBERG INVESTMENTS (PVT) LTD and OTHERS
Ruled By: DUBE J

Any costs, of whatever nature, are not merely for the asking and require to be justified.The approach to take in determining the issue of costs was discussed in Nhari v Public Service Commission 1998 (1) ZLR 574 (HC)…,. The court quoted the following except from Fripp v Gibbon ...
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HH149-16 : ZIMASCO (PRIVATE) LIMITED vs COMMISSIONER GENERAL OF THE ZIMBABWE REVENUE AUTHORITY
Ruled By: HLATSHWAYO J

As for the costs, the general rule is that they follow the outcome...,.
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