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Appeal re: Leave to Lead Further Evidence iro Appeals in the Wide and Narrow Sense & Principle of Finality to Litigation

SC25-09 : AIDAN BECKFORD vs ELIZABETH BECKFORD
Ruled By: SANDURA JA, ZIYAMBI JA and GWAUNZA JA

On 20 December 2006 the High Court granted a decree of divorce and other ancillary relief in a divorce action in which Mr Beckford was the plaintiff and Mrs Beckford the defendant. Aggrieved by part of the Order, Mr Beckford appealed to this Court. The Notice of Appeal, in relevant ...
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SC09-12 : THE COLD CHAIN (PRIVATE) LIMITED vs ROBSON MAKONI
Ruled By: SANDURA JA, ZIYAMBI JA and GARWE JA

Before the appeal was heard, the appellant company filed a court application in this Court seeking leave to adduce further evidence in the appeal. The allegation was that the further evidence would show that the evidence adduced by the respondent in support of his claim for damages in the court a quo was fraudulent….,.THE APPLICATIONThe company ...
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HH55-09 : EBI ZIMBABWE (PVT) LTD vs OLD MUTUAL UNIT TRUSTS (PVT) LTD and ADVOCATE J.C.J. LEWIS
Ruled By: PATEL J

In May 2004, the applicant and the first respondent entered into a software licensing agreement. Following a dispute that arose between the parties in January 2006, the matter was referred to an arbitrator (the second respondent) for arbitration.On the 23rd of June 2008, the applicant challenged the impartiality of the ...
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HH01-08 : SIMON FRANCIS MANN vs THE REPUBLIC OF EQUATORIAL GUINEA
Ruled By: MAKARAU JP and PATEL J

NATURE OF APPEALThe point was raised and argued in limine that an appeal under section 18 of the Extradition Act is an appeal in the wide sense and this court does not first have to find a misdirection on the part of the court a quo to substitute its own ...
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SC43-14 : STREAMSLEIGH INVESTMENTS (PRIVATE) LIMITED vs AUTOBAND INVESTMENTS (PRIVATE) LIMITED
Ruled By: MALABA DCJ, GARWE JA and GOWORA JA

Pending this appeal, on 5 September 2012, the respondent filed a chamber application for leave to adduce further evidence. The appellant filed a notice of opposition and an opposing affidavit. For reasons that follow, it will not be necessary to traverse the contents of the affidavits filed in that application. Counsel for the appellant raised a point ...
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SC05-16 : ZIMBABWE OPEN UNIVERSITY vs GIDEON MAGARAMOMBE and DEPUTY SHERIFF HARARE N.O.
Ruled By: MALABA DCJ, GWAUNZA JA and MAVANGIRA AJA

This is an appeal from the decision of the High Court dated 1 February 2012 by which it dismissed an urgent Chamber Application by the appellant for an order suspending a writ of execution of an arbitral award registered with it….,. Before the appeal could be heard, the respondent applied for permission to lead what ...
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Appealed
SC50-18 : NAVAL PHASE FARMING PL and BEACH FARMS PL and TAWANDA NYAMBIRAI vs MINISTER OF LANDS AND RURAL RESETTLEMENT and BERNARD MAKOKOVE and STEPHEN CHIURAYI and MALVERN DZVAIRO
Ruled By: HLATSHWAYO JA, BHUNU JA and UCHENA JA

Prior to the hearing of the appeal, the appellants filed an application to adduce evidence they sought to rely on to show that the acquisition of the farms was not done in accordance with the law. The application was granted in chambers with the consent of the parties. Costs in that application were to be in ...
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SC51-18 : CONSTRUCTION RESOURCES AFRICA (PRIVATE) LIMITED vs CENTRAL AFRICAN BUILDING CONSTRUCTION COMPANY (PRIVATE) LIMITED
Ruled By: MALABA DCJ, GARWE JA and PATEL JA

The applicant in this matter (Case No. SC402/13) filed an application to adduce further evidence on appeal in the main matter (Case No. SC88/12). Both matters were set down to be heard together on 19 March 2015. After hearing counsel, the application to adduce further evidence was dismissed with costs. Thereafter, counsel for the applicant sought a ...
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Appealed
CC11-18 : LYTTON INVESTMENTS (PRIVATE) LIMITED vs STANDARD CHARTERED BANK ZIMBABWE LIMITED and ATTORNEY-GENERAL OF ZIMBABWE
Ruled By: MALABA CJ

The Court is a specialised institution, specifically constituted as a Constitutional Court, with the narrow jurisdiction of hearing and determining constitutional matters only. It is the supreme guardian of the Constitution and uses the text of the Constitution as its yardstick to assure its true narrative force. It uses constitutional review predominantly, albeit not exclusively, in the exercise ...
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HHH724-15 : PETER CHIKUMBA vs THE STATE
Ruled By: MAFUSIRE J

The test whether in a subsequent bail application there are changed circumstances or not, may be compared to an application for leave to introduce fresh evidence on appeal. The factors to consider should include whether or not the fresh evidence could reasonably lead to a different verdict, and, whether there is a reasonable explanation why such ...
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SC85-14 : REMO INVESTMENT BROKERS (PRIVATE) LIMITED and MAHOMED IQBAL MAHMED and REZANA EBRAHIM and JOHN MOTSI vs SECURITIES COMMISSION OF ZIMBABWE
Ruled By: GARWE JA, GOWORA JA and PATEL JA

This is an appeal against a judgment of the Administrative Court by which the court dismissed the appeal to that court against a decision of the Securities Commission of Zimbabwe (“the Commission”) cancelling the licences of the first and second appellants and imposing sanctions upon the third and fourth appellants.The ...
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SC37-20 : ROSEMARY BASTIN vs KUFA MADZIMA (IN HIS CAPACITY AS THE EXECUTOR OF THE ESTATE LATE MARIMO MADZIMA)
Ruled By: MAKARAU JA, MAKONI JA and MATHONSI JA

This is an appeal against the whole judgment of the High Court handed down on 20 February 2019 which granted summary judgment in favour of the respondent for the eviction of the appellant, and all those claiming occupation through her, from Stand No.3437 Highfield Township, Harare (“the property”) after dismissing ...
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SC51-20 : ALAN LOCK vs ELLEN LOCK (NEE FISCHER)
Ruled By: GOWORA JA, BHUNU JA and MAKONI JA

On 27 September 2017, the High Court rendered judgment in HC979/15 whereby it dissolved the parties' marriage and awarded ancillary relief which included distribution of the assets of the parties. The relevant part of the order, distributing the assets of the parties, reads as follows;“F. The matrimonial estate of the ...
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SC63-05 : OLIVINE INDUSTRIES (PVT) LIMITED vs DAVID GWEKWERERE
Ruled By: GWAUNZA JA

The respondent was employed by the appellant as manager of its Mutare branch. On 25 June 2002, a Mr G Good ("Mr Good"), who was the Director responsible for Sales and Marketing, addressed a letter to the respondent suspending him from duty with immediate effect without pay and benefits.The suspension ...
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SC00-89 : ART CORPORATION LTD vs MOYANA
Ruled By: GUBBAY JA, McNALLY JA and MANYARARA JA

This is a labour dispute between the parties. A brief history of the matter is as follows:The appellant (the Corporation) employed the respondent (Mr Moyana) on 20 October 1980 as a Marketing Executive. The contract was a simple one, providing that his functions were to be assigned to him from ...
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SC39-00 : E. FILON vs THE PUBLIC SERVICE COMMISSION and THE MINISTER OF LANDS AND WATER RESOURCES
Ruled By: GUBBAY CJ, McNALLY JA and EBRAHIM JA

The appellant was discharged from the Public Service. He had been suspended from duty by the Secretary to his Minister, and, later, served with charges to which were attached certain documents. The letter containing the charges was signed by a Mr Moyo on behalf of the Secretary to the Ministry.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

It is trite that a litigant who is dissatisfied with a judgment or decision may appeal against that judgment or decision.Appeals under the Labour Act are governed by that Act. Section 92D of the Labour Act provides:"A person who is aggrieved by a determination made under an employment code, may, ...
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SSC04-21 : MARRY MUBAIWA-CHIWENGA vs THE STATE and NATIONAL PROSECUTING AUTHORITY and CRIMINAL CLERK OF COURT, ROTTEN ROW MAGISTRATES COURT
Ruled By: MAVANGIRA JA

BAIL APPEAL (In Chambers)THIS APPLICATIONOn 6 January 2021, the appellant filed with the Registrar of this Court papers titled:“APPEAL BY THE APPELLANT IN TERMS OF SECTION 121(1)(a) OF THE CRIMINAL PROCEDURE AND EVIDENCE ACT [CHAPTER 9:07] AS READ WITH RULE 67 OF THE SUPREME COURT RULES, 2018.”Attached to the cover ...
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SC16-21 : GML EXPLOSIVE (PRIVATE) LIMITED vs LACKSON GONO AND 29 OTHERS
Ruled By: MAVANGIRA JA, MAKONI JA and MATHONSI JA

On 15 August 2019, the High Court (the court a quo) issued a provisional order for the provisional winding up of the appellant at the instance of the respondents who are its former employees. The court a quo confirmed the provisional liquidation order by judgment delivered on 20 November 2019.This ...
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SC25-22 : ELLIOT RODGERS vs PUWAYI CHIUTSI and TENDAYI MASHAMHANDA and REGISTRAR OF DEEDS and SHERIFF OF ZIMBABWE and BARIADE INVESTMENTS PL and LAW SOCIETY OF ZIMBABWE
Ruled By: GWAUNZA DCJ, GUVAVA JA and BHUNU JA

This is an appeal against the whole judgment of the High Court handed down on 14 March 2019, in which the court a quo dismissed the appellant's application for interim relief. The appeal was heard together with that in SC09/20 which involved the same parties, centered around the same dispute ...
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SC26-21 : JOSEPH LUNGU and OTHERS vs RESERVE BANK OF ZIMBABWE
Ruled By: GUVAVA JA, MAVANGIRA JA and MAKONI JA

On 26 January 2017, this Court, in SC01-17, adjudicating over the parties' dispute, remitted the matter to the Labour Court (the court a quo) for a determination of the following issues:“To determine, on the basis of specific provisions of the Works Council Agreement concluded in September 2010, and the minutes ...
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Appealed
SSC62-21 : KIZITO MUTSURE vs THE STATE
Ruled By: MAVANGIRA JA, UCHENA JA and MAKONI JA

It is trite that an appeal to this Court is based on the record.
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SC65-18 : PIONEER TRANSPORT vs MAFIKENI
Ruled By: GARWE JA, MAVANGIRA JA and BHUNU JA

This is an appeal against a judgment of the Labour Court wherein the decision to dismiss the appellant from employment that had been made by the appellant's Managing Director was set aside whilst an earlier decision by the disciplinary committee, that the respondent be issued with a second written warning, ...
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SSC117-21 : TAKUNDA MADAMOMBE vs THE STATE
Ruled By: BHUNU JA

This is an appeal against refusal of bail pending appeal by the High Court (the court a quo). The application is in terms of Rule 67 of the Supreme Court Rules, 2018 as read with section 121(2)(a) of the Criminal Procedure and Evidence Act [Chapter 9:07]....,.This Court's approach to matters ...
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Appealed
SC126-21 : PATRICIA DARANGWA vs JULIET KADUNGURE and ANDERSON KADUNGURE and NERIA KADUNGURE and MASTER OF THE HIGH COURT OF ZIMBABWE
Ruled By: MAKONI JA, MATHONSI JA and MWAYERA JA

This is an appeal against the whole judgment of the High Court, delivered on 5 March 2021, interdicting the appellant, in the interim, from administering the estate of the late Genius Kadungure among other relief.After hearing submissions from counsel, we dismissed the appeal with costs and stated that the reasons ...
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SC71-14 : EDWARD TAWANDA MADZA and OTHERS vs REFORMED CHURCH IN ZIMBABWE DAISYFIELD TRUST and REFORMED CHURCH OF ZIMBABWE and NAISON TIRIVAVI and DUTCH REFORMED CHURCH
Ruled By: ZIYAMBI JA, GARWE JA and HLATSHWAYO JA

It was submitted by counsel for the appellant that if the appeal found favour with this Court then it should grant the provisional order sought as a remittal would cause hardship to both parties.As stated…, we are not persuaded to interfere with the trial court's finding on urgency and the ...
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SC130-21 : PHILIPPA COUMBIS vs RONALD COUMBIS and DOVES FUNERAL ASSURANCE (PVT) LTD
Ruled By: GARWE JA, GOWORA JA and UCHENA JA

This is an appeal and cross-appeal against parts of the judgment of the High Court dated 4 September 2014 granting a decree of divorce and ancillary relief for and against the appellant (the plaintiff in the court a quo and the appellant in this appeal) and the cross-appellant (the defendant ...
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SC134-21 : OK ZIMBABWE LIMITED vs BENJAMIN TAZVIVINGA
Ruled By: GWAUNZA DCJ, HLATSHWAYO JA and BERE JA

This is an appeal against the default judgment granted by the Labour Court on 2 November 2016.BACKGROUND FACTSThe respondent was employed by the appellant as a till operator. On 30 June 2015, there was a scuffle between the respondent and a customer over an issue of change. A spot check ...
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SC143-21 : HAPPISON MUCHECHETERE vs ZIMBABWE BROADCASTING CORPORATION (PVT) LTD and RETIRED JUSTICE JAMES DEVITTE N.O. and GIBSON MUNYORO
Ruled By: GWAUNZA DCJ, UCHENA JA and MAKONI JA

This is an appeal against the entire judgment of the Labour Court handed down on 10 March 2017. The Labour Court dismissed the appellant's application for review challenging the disciplinary proceedings that led to his dismissal from the first respondent's employment.There were no appearances for the second and third respondents.FACTUAL ...