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Costs re: No Order as to Costs or No Costs Order iro Approach

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

COSTSThe courts always frown upon failure to obey court orders.The appellants moral turpitude in this case was however ameliorated by the fact that theirs was not a naked disobedience of a court order as they appear to have been ill-advised to act on the basis of a court order that ...
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HH79-12 : MARIANE SABETA vs COMMISSIONER GENERAL ZIMBABWE REVENUE AUTHORITY
Ruled By: MATHONSI J

The issues arising out of this dispute are such that it would not have been obvious that the respondent could not contest the application. I am of the view, that, he was entitled to bring his argument before the court for adjudication and cannot be said to have acted unreasonably. ...
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HH99-18 : C F (PVT) LTD vs ZIMBABWE REVENUE AUTHORITY
Ruled By: KUDYA J

CostsIt seems to me, that, the Commissioner may very well have been justified in invoking the provisions of section 24 of the Income Tax Act by the acts of commission and omission of the appellant in respect of both management fees and goods in transit at the time he did.However, ...
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HH823-15 : AT INTERNATIONAL LTD vs ZIMBABWE REVENUE AUTHORITY
Ruled By: KUDYA J

CostsI am satisfied, that, the appellant's objection raised important legal points on the status of a bill of entry. The grounds of appeal were not frivolous....,.Accordingly, the appeal is dismissed with no order as to costs.
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CC02-21 : TEMBA MLISWA vs PARLIAMENT OF THE REPUBLIC OF ZIMBABWE
Ruled By: MALABA CJ, GWAUNZA DCJ, GARWE AJCC, MAKARAU AJCC, GOWORA AJCC, HLATSHWAYO AJCC and PATEL AJCC

No justification appears for the court to depart from the general position regarding the award of costs. None was pressed on us by the respondent. Accordingly, in line with the general position, no order as to costs shall be made....,.1....,. 2. There shall be no order as to costs.
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CC05-21 : RITA MBATHA vs CONFEDERATION OF ZIMBABWE INDUSTRIES and THE SHERIFF OF ZIMBABWE
Ruled By: GARWE AJCC, GOWORA AJCC and PATEL AJCC

The first respondent has prayed that the applicant be mulcted with an order for costs.In constitutional matters, it is not the norm that costs be awarded against the unsuccessful litigant. The first respondent has not suggested that the applicant is guilty of vexatious conduct or an abuse of court process. ...
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Appealed
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

As regards costs, I see no reason to deviate from the general norm applied in constitutional matters. This is, that, no party should be penalised with an order of costs, save in exceptional circumstances....,.1....,.2....,.3. There shall be no order as to costs.
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CC09-21 : GIFT KONJANA vs DEXTER NDUNA
Ruled By: GARWE AJCC, GOWORA AJCCand HLATSHWAYO AJCC

As far as costs are concerned, nothing has been submitted to persuade the Court to depart from the approach that no order of costs should be awarded in constitutional matters.Clearly, whilst right from the outset, this matter could have been more competently and expeditiously handled by the applicant and his ...
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CC11-21 : LIZIWE MUSEREDZA and 385 OTHERS vs MINISTER OF AGRICULTURE, LANDS, WATER AND RURAL RESETTLEMENT and MAPARAHWE PROPERTIES (PVT) LTD and OTHERS
Ruled By: GWAUNZA DCJ, GARWE JCC, MAKARAU JCC, GOWORA JCC, HLATSHWAYO JCC, PATEL JCC and UCHENA AJCC

Regarding costs, the court did not see any justification for departing from its general practice of not making an order of costs in favour of any of the parties. None of the parties prayed for an order of costs.It is for the above reasons that the matter was struck off ...
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CC13-21 : ZIMBABWE WOMEN LAWYERS ASSOCIATION vs THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS and OTHERS
Ruled By: GARWE JCC, MAKARAU JCC and GOWORA JCC

On the question of costs, I find no reason to depart from the normal practice of this Court not to award costs in constitutional applications....,.“The application is dismissed with no order as to costs.”
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CC02-22 : MUTUMWA MAWERE and OTHERS vs TICHAONA MUPASIRI and OTHERS
Ruled By: MAKARAU JCC

Regarding costs, I saw no reason for departing from the general position not to award costs in a constitutional matter.
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CC03-22 : DIANA KAWENDA vs MINISTER OF JUSTICE, LEGAL & PARLIAMENTARY AFFAIRS and MINISTER OF HEALTH AND CHILD CARE and THE ATTORNEY-GENERAL OF ZIMBABWE
Ruled By: MAKARAU JCC, HLATSHWAYO JCC and PATEL JCC

Regarding costs, there is no justification that we depart from the general rule against awarding costs in a constitutional matter. None was argued before us.
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CC04-22 : JOANAH MAMOMBE and CECILIA CHIMBIRU vs FAITH MUSHURE N.O. and THE STATE
Ruled By: MAKARAU JCC

Regarding costs, there is no justification that I depart from the general position not to make an order as to costs in favour of any of the parties in an application of this nature....,.The application is dismissed with no order as to costs.
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CC05-22 : GOVATI MHORA vs EMMACULATA MHORA
Ruled By: PATEL JCC

Regarding costs, counsel for the respondent conceded, that, there was no grossly reprehensible conduct on the part of the applicant and withdrew her initial prayer for costs on behalf of the respondent. Counsel for the applicant submitted, that, the general position in constitutional matters ought to prevail.I fully agree and ...
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CC03-17 : CUTHBERT CHAWIRA and OTHERS vs MINISTER OF JUSTICE LEGAL AND PARLIAMENTARY AFFAIRS and THE COMMISSIONER OF PRISONS AND CORRECTIONAL SERVICES and THE ATTORNEY GENERAL
Ruled By: MALABA DCJ, ZIYAMBI JCC, GWAUNZA JCC, GARWE JCC, GOWORA JCC, HLATSHWAYO JCC, PATEL JCC, BHUNU JCC and UCHENA JCC

Costs normally follow the result, but, in this case, I find it undesirable to load persons on death row with costs of suit. They had an arguable case, albeit misplaced and unsustainable at law. One cannot, however, fault them for fighting for survival with all the means at their disposal.It ...
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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

Regarding costs, I see no justification for making an award of costs in this matter....,.The application is dismissed with no order as to costs.
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CC09-22 : MINISTER OF MINES & MINING DEVELOPMENT and THE PROVINCIAL MINING DIRECTOR FOR MIDLANDS PROVINCE vs FIDELITY PRINTERS & REFINERS (PVT) LTD and JONAH NHEVERA
Ruled By: GOWORA JCC

The first respondent sought costs on the legal practitioner and client scale in its papers. However, it failed to motivate why the applicants should be mulcted by an award of costs on a higher scale.It is not suggested, that, the applicants are guilty of vexatious conduct or that the application ...
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CC10-22 : FRANCIS BERE vs JUDICIAL SERVICE COMMISSION and SIMBI MUBAKO and REKAYI MAPOSA and TAKAWIRA NZOMBE and VIRGINIA MABHIZA and PRESIDENT OF ZIMBABWE and MINISTER OF JUSTICE LEGAL & PARLIAMENTARY AFFAIRS
Ruled By: GARWE JCC, HLATSHWAYO JCC and PATEL JCC

CostsThe applicant has not sought costs in this matter. However, the Judicial Service Commission (JSC), in its heads of argument, has motivated the Court to grant costs on a legal practitioner and client scale.Similarly, the sixth and seventh respondents, through their heads of argument and submissions in court, have also ...
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HH24-19 : MOHAMMED ISMAIL (as the guardian of X - a minor) vs SAINT JOHNS COLLEGE and CAVALIERE COORRADO TRINCI N.O. and STEVE MARTIN N.O. and MINISTRY OF PRIMARY AND SECONDARY EDUCATION
Ruled By: CHITAKUNYE J

The respondent asked for costs on the higher scale.The issue for determination involved the rights of a minor. It is the minor who has been excluded from school because he has grown a beard which he wishes to grow as he is studying towards being an Imam.I do not perceive ...
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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

As is the usual norm in constitutional applications, where no strong case has been made for it, no order as to costs will ensue.
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View Appeal
SC01-22 : FRANCIS BERE vs JUDICIAL SERVICE COMMISSION and SIMBI MUBAKO and REKAYI MAPHOSA and TAKAWIRA NZOMBE and VIRGINIA MABHIZA and PRESIDENT OF ZIMBABWE and MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS
Ruled By: GUVAVA JA, UCHENA JA and KUDYA AJA

The parties were agreed that each party will bear its own costs in the matter. As such, no order will be made in respect of costs.
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CC10-23 : LAW SOCIETY OF ZIMBABWE vs PARLIAMENT OF ZIMBABWE and PRESIDENT OF THE SENATE and SPEAKER OF THE NATIONAL ASSEMBLY and PRESIDENT OF ZIMBABWE and MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS and ATTORNEY-GENERAL N.O.
Ruled By: GARWE JCC, MAKARAU JCC, GOWORA JCC, HLATSHWAYO JCC, PATEL JCC, UCHENA AJCC and MAKONI AJCC

In opposing the application, the respondents prayed for the application to be dismissed with costs.The prayer for costs was not persisted with in argument.This is a proper approach, as, the general principle is that courts should not order costs against the losing litigant, in constitutional matters, lest deserving litigants are ...
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HH264-21 : MUSA KIKA vs MINISTER OF JUSTICE LEGAL & PARLIAMENTARY AFFAIRS and THE CHIEF JUSTICE HONOURABLE LUKE MALABA N.O. and OTHERS
Ruled By: ZHOU J, CHAREWA J and MUSHORE J

CostsWe consider that the issues raised in these two matters are of national importance. They relate to the interpretation of provisions of the Constitution and how those provisions affect the persons who were judges of the Constitutional Court and Supreme Court before the amendment which triggered the filing of the ...
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Appealed
SC179-20 : MFUNDO MLILO vs THE PRESIDENT OF THE REPUBLIC OF ZIMBABWE
Ruled By: GARWE JA, MAKARAU JA and MAKONI JA

COSTSThe question whether an appeal lies to the Supreme Court from an order of constitutional validity is one that has hitherto not come before this Court. It is a question that was, at worst, moot.In the circumstances, an order that each party bears its own costs would appear to me ...
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HH335-14 : ZUWA DAMSON vs LINCOLN USHAMBA
Ruled By: TSANGA J

(a)...,.(b) I made no order as to costs since the parties were both self actors.
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HH661-16 : M COMPANY (PVT) LTD vs ZIMBABWE REVENUE AUTHORITY
Ruled By: KUDYA J

I do not find the grounds of appeal to have been frivolous.In accordance with the provisions of section 65(12) of the Income Tax Act, I therefore make no order as to costs.
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HH728-17 : C R S (PVT) LTD vs ZIMBABWE REVENUE AUTHORITY
Ruled By: KUDYA J

CostsIn terms of section 65(12) of the Income Tax Act, an order for costs is only made against the Commissioner if the claim of the Commissioner is held to be unreasonable and against the appellant if the grounds of appeal are found to be frivolous.I do not find the positions ...
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HH158-16 : CYNDRELLA MASIMBE vs RAINBOW TOURISM GROUP
Ruled By: MUREMBA J

The applicant did not ask for costs. This is a case where I believe that each party should bear its own costs....,.1....,.2....,.3. Each party is to pay its own costs.
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HH165-11 : EUSEBIA BUTAU vs LEONARD BUTAU
Ruled By: GUVAVA J

The applicant has been successful and costs would ordinarily follow the cause.However, in view of the fact that the defendant has been put to the expense of opposing the application which could have been avoided had the applicant included everything in her declaration, I will penalize her by denying her ...
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HH188-17 : BEN MUNDANGEPFUPFU and ALBAN MUNDANGEPFUPFU vs INNOCENT CHISEPO
Ruled By: MUREMBA J

Since both parties have lost in their claims, I will order that each party pays their own costs....,.1....,.2....,.3. Each party is to bear its own costs.
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HH286-11 : ERICSON MVUDUDU vs AGRICULTURAL AND DEVELOPMENT AUTHORITY (ARDA)
Ruled By: BHUNU J

In the result, it is ordered:1...,.2....,.3....,.4. That, as both parties have been equally successful there is no order as to costs.
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HMT23-20 : IDAH TAGARIROFA vs NHEDZIWA HIGH SCHOOL DEVELOPMENT COMMITTEE
Ruled By: MUZENDA J

I asked counsel for the applicant to address the court on the aspect of costs of the application.He indicated to the court that he will not pursue an order of costs as he had done on the papers.That concession is proper in my view; instead of the applicant straight away ...
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CC07-16 : AMOS MAKANI and OTHERS vs ARUNDEL SCHOOL and OTHERS
Ruled By: CHIDYAUSIKU CJ, MALABA DCJ, ZIYAMBI JCC, GWAUNZA JCC, GARWE JCC, GOWORA JCC, HLATSHWAYO JCC, PATEL JCC and GUVAVA JCC

As regards costs, I am disinclined to apply the normal rule that costs should follow the event and be awarded to the successful party.Indeed, the usual approach in constitutional matters is not to award costs unless the conduct of a party warrants such an order.The salient questions raised in this ...
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SC03-22 : DELTA BEVERAGES (PRIVATE) LIMITED vs ZIMBABWE REVENUE AUTHORITY
Ruled By: GWAUNZA DCJ, UCHENA JA and CHITAKUNYE AJA

The main appellant's appeal partially succeeds, as the court a quo clearly erred in ordering the Commissioner to “add back the deductions for consumable stock, in their respective amounts, to the appellant's taxable income in respect of each tax year in issue” when it had found that consumables which had ...
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Appealed
SC06-22 : JOEL SILONDA (SUBSTITUTED BY EXECUTOR, VUSUMUZI SILONDA) vs VUSUMUZI NKOMO
Ruled By: GUVAVA JA, UCHENA JA and KUDYA AJA

Both counsel are agreed that each party should bear its own costs on appeal. Each party will accordingly bear its own costs.
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SC09-22 : MOVEMENT FOR DEMOCRATIC CHANGE (TSVANGIRAI) and DOUGLAS MWONZORA and DR THOKOZANI KHUPE vs LILIAN TIMVEOS and THABITHA KHUMALO and OTHERS
Ruled By: GUVAVA JA, MAKONI JA and CHITAKUNYE JA

COSTSIn light of the fact that the determining factor of this matter had not been expressly raised by any of the parties we see no justification to penalise any party with an order of costs. The justice of the case demands that each party bears their own costs....,.1....,.2....,.3. Each party ...
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SC29-22 : TECHNOIMPEX JSC vs RAJENDRAKUMAR JOG and TECHNOIMPEX JC (PVT) LTD and SARAH HWINGWIRI and REGISTRAR OF DEEDS and SHERIFF OF THE HIGH COURT OF ZIMBABWE
Ruled By: GUVAVA JA, UCHENA JA and KUDYA AJA

Both parties have succeeded on one of the issues. Therefore, each party should bear its own costs....,.1....,.2....,.3....,.4....,.5....,.6. Each party shall bear its own costs.
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SC30-22 : RIOZIM LTD and RM ENTERPRISES (PVT) LTD vs MARANATHA FERROCHROME (PVT) LTD and JUSTICE MTSHIYA (RTD)
Ruled By: MAVANGIRA JA, UCHENA JA and MATHONSI JA

As both parties partially succeeded, each party shall bear its own costs.
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SC32-22 : CUTHBERT DUBE vs PREMIER MEDICAL INVESTMENTS (PVT) LTD and PREMIER SERVICE MEDICAL AID SOCIETY
Ruled By: MAKONI JA, MATHONSI JA and KUDYA JA

Regarding the issue of costs, both a quo and before this Court, there is no explanation why the authorities upon which the matter has now been resolved were not brought to the attention of the court a quo.This is moreso regard being had that the principles set out in Guardforce ...
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SC34-22 : NICHOLAS MUKARATI vs PIONEER COACHES (PRIVATE) LIMITED
Ruled By: GWAUNZA DCJ, MATHONSI JA and CHITAKUNYE JA

Regarding the issue of costs, the jurisprudence which has come out of this Court, on the invalidity of proceedings brought before a Labour Officer, in the way the present matter was done, has been available for quite some time. Counsel in this matter should have known of it. They did ...
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SC49-22 : NGWARU MASANZA (Informa pauperis) and PRISCILLA ZUNGUZA (Informa pauperis) vs LUKE RWAFA and PLACXEDAS RWAFA and MESSENGER OF COURT
Ruled By: CHIWESHE JA

As the applicants are indigent, there shall be no order as to costs.
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