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Rules of Court re: Autonomy of a Court over its own Rules and the Judicial Interference with Rules of Other Courts

HH390-18 : MIDLANDS STATE UNIVERSITY vs ALOIS MATONGO
Ruled By: MUZOFA J

The applicant seeks an order for perpetual silence against the respondent.The order sought is, in the alternative, as follows:-“1. The respondent be and is hereby ordered to maintain perpetual silence against the applicant, that is to say, the respondent be and is hereby barred and interdicted from instituting any litigation, ...
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CC21-19 : NELSON CHAMISA vs EMMERSON DAMBUDZO MNANGAGWA and OTHERS
Ruled By: MALABA CJ, GWAUNZA DCJ, GARWE JCC, MAKARAU JCC, HLATSHWAYO JCC, PATEL JCC, BHUNU JCC, UCHENA JCC and MAKONI JCC

Section 176 of the Constitution provides for the inherent power of the Constitutional Court to protect and regulate its own process. It provides: “176 Inherent powers of Constitutional Court, Supreme Court and High Court The Constitutional Court, the Supreme Court and the High Court have inherent power to protect and regulate their own process and to develop the common ...
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SC54-06 : VIGOUR FUYANA vs NTOMBAZA MOYO
Ruled By: CHIDYAUSIKU CJ

The Supreme Court has inherent jurisdiction to regulate its own processes, which it can use to protect its process from abuse: see De Villiers and Anor v McIntyre NO 1921 AD 435.
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HH813-15 : STANLEY MACHOTE vs ZIMBABWE MANPOWER DEVELOPMENT FUND
Ruled By: TSANGA J

Section 171(1)(a) of the Constitution,..., provides that “the High Court has original jurisdiction over all civil and criminal matters throughout Zimbabwe.”Jurisdiction of a court essentially refers to the authority that a court has to hear and determine a dispute that is brought before it. This is in distinction to the ...
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HH76-11 : SIBANGALIZWE DHLODHLO vs DEPUTY SHERIFF FOR MARONDERA and SHERIFF FOR ZIMBABWE and KANTOR & IMMERMAN and WATERSHED COLLEGE
Ruled By: GOWORA J

Every court has the power to control its own process subject to the Rules of Court. In the High Court, that power is inherent: see Strime v Strime 1983 (4) SA 850; and Stumbles Rowe v Mattinson 1989 (1) ZLR 172.The courts in this country have all been ...
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Appealed
SC08-14 : SIMBA MUKAMBIRWA and OTHERS vs THE GOSPEL OF GOD CHURCH INTERNATIONAL 1932
Ruled By: GARWE JA, GOWORA JA and OMERJEE AJA

The High Court is a superior court with inherent jurisdiction to protect and regulate its own process and to develop the common law, taking into account the interests of justice.In the exercise of this inherent power, the High Court promulgates Rules of Court designed to expedite and facilitate the conduct ...
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HH63-16 : ASWEL NYANZARA vs MBADA DIAMONDS (PRIVATE) LIMITED
Ruled By: CHITAPI J

The Constitutional Court, Supreme Court, and High Court are, respectively, in sections 166, 168 and 170 of the Constitution described as “superior courts of record.”These three courts, in terms of section 176 of the Constitution, have inherent powers to protect and regulate their own processes and to develop the common ...
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HH37-16 : GEORGINA NJODZI vs LORRAINE MATIONE
Ruled By: MWAYERA J

Superior courts, inclusive of the High Court, have inherent jurisdiction to protect and regulate their own process and develop common law in so far as the interests of justice are maintained: see section 176 of the Constitution.In the case of Zimnat Insurance Company Limited v Chawanda 1990 (2) ZLR 143 ...
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HH842-19 : BARIADIE INVESTMENTS (PVT) LTD vs PUWAYI CHIUTSI and TENDAI MASHAMHANDA and REGISTRAR OF DEEDS and SHERIFF OF THE HIGH COURT OF ZIMBABWE N.O. and ELLIOT ROGERS
Ruled By: CHITAPI J

This court has inherent power, in terms of section 176 of the Constitution, to regulate its processes, and, in the process of doing so, to guard against abuse of court process by litigants.
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HH656-14 : DERDALE INVESTMENTS (PVT) LTD vs ECONET WIRELESS (PVT) LTD and THE CITY OF HARARE and HONOURABLE JUSTICE MANDEYA
Ruled By: DUBE J

The High Court also has inherent power, conferred upon it by section 176 of the Constitution, to protect and regulate its own process and to develop the common law or the customary law.Section 176 of the Constitution provides as follows;“The Constitutional Court, the Supreme Court, and the High Court have ...
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SC141-21 : WISE GARIRA and SHEPHARD MASHINGAIDZE and BAYAI BAYAI vs NATIONAL ENGINEERING WORKERS UNION and FIRST CAPITAL BANK
Ruled By: GUVAVA JA, BHUNU JA and KUDYA AJA

In Williams Anor v Msipha NO Ors 2010 (2) ZLR 552 (S) this court held that:“Once the Supreme Court is seized with a matter, it has inherent jurisdiction to control its process. That jurisdiction includes the power to control the process of the court, including the ...
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CC07-21 : MARX MUPUNGU vs MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS and OTHERS
Ruled By: GWAUNZA ACJ, GARWE JCC, MAKARAU JCC, GOWORA JCC, HLATSHAWAYO JCC, PATEL JCC and GUVAVA AJCC

Section 176 of the Constitution endows this Court with the inherent power to protect and regulate its own process, taking into account the interests of justice and the provisions of the Constitution.
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