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Citation and Joinder re: Multiple Litigants, Class Action Proceedings and Effect on Founding Affidavit of Each Litigant

Appealed
HH64-12 : SHADRECK MOYO AND 13 ORS vs J. LARRY HOFFMAN and CENTRAL AFRICAN BATTERIES (PVT) LTD
Ruled By: KUDYA J

The plaintiff's pleadings are a mess.They do not comply with the strict requirements of the High Court rules. The face of the summons does not identify the 13 Others....,.In order to determine the real issue between the parties, I condoned the state of the plaintiff's pleadings and proceeded with the ...
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HH56-12 : ELIAS KASEKE and WAFAWANAKA KUCHERA and SIBUSISO NCUBE vs MASTER OF THE HIGH COURT and MAVIS CHIZENGENI (as Executrix Dative of Estate Late Jessie Zengeya)
Ruled By: MAWADZE J

This is a chamber application in which the first applicant seeks an order in the following terms:“IT IS ORDERED THAT:1. Case Number HC5867/10 be and is hereby dismissed for want of prosecution; and2. The plaintiff be and is hereby ordered to pay costs of suit.”There is need to set out ...
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Appealed
SC28-10 : JONATHAN MOYO and MOSES NDLOVU and PATRICK DUBE and SIYABONGA NCUBE vs AUSTIN ZVOMA N.O., CLERK OF PARLIAMENT and LOVEMORE MOYO
Ruled By: CHIDYAUSIKU CJ, MALABA DCJ, SANDURA JA, ZIYAMBI JA and GARWE JA

The counting of invalid votes that had lost their secrecy affected two classes of voters:(a) The first class is of voters who deliberately exercised their right to waive the benefits of the secrecy of the ballot by displaying the ballot papers to others so as to disclose for whom they ...
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HH106-10 : COLLIN DUBE AND 129 OTHERS vs TUNGPAL INVESTMENTS (PVT) LTD and THE MESSENGER OF COURT, HARARE
Ruled By: BHUNU J

The undisputed facts of this case make it clear that close to half the number of applicants made timeous payments in terms of the Deed of Settlement whereas a similar number defaulted. I have said it before, and I will say it again, that it is unfair and manifestly unjust that the innocent should be ...
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HH278-10 : RADIATOR AND TINNING (PVT) LTD vs RADIATOR AND TINNING (PVT) LTD WORKERS COMMITTEE and WALTER DUBE and LITOS CHIKWANDA and OTHERS
Ruled By: MTSHIYA J

On 10 May 2010 the respondents filed a Court Application (i.e case no. HC3093/10) for joinder in terms of Order 13 Rule 85 of the High Court Rules 1971. In the founding affidavit in support of that application the second respondent, representing the view of all other respondents, stated the following as the basis of their ...
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HH30-13 : BRIAN MUNEKA and DADIRAI RWANZA and JANIES TIMOTHY and EDMOND MULEYA and MUSEKIWA MUZANENHAMO and TSITSI DHLIWAYO vs MANICA BUS COMPANY
Ruled By: MTSHIYA J

There are purportedly six applicants involved. I indicated to the parties that the powers of attorney filed on behalf of the second to fifth applicants were defective in that they were not signed by the said applicants. The powers of attorney were only signed by the Commissioner of Oaths. That being the case, there ...
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HH77-13 : ZIMBABWE TOBACCO ASSOCIATION vs THE RESERVE BANK OF ZIMBABWE
Ruled By: MTSHIYA J

Section 3 of the Class Actions Act [Chapter 8:17] provides as follows:- “Application for leave to institute class action (1) Subject to this section, the High Court may, on application, grant leave for the institution of a class action on behalf of any class of persons. (2) An application for the institution of a class action - (a) May be ...
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SC07-17 : CHRIS STYLIANOU and FRED DRIVER AND SONS (PVT) LTD and D.R. HENDRY (PVT) LTD vs MOSES MUBITA AND 25 OTHERS
Ruled By: GWAUNZA JA, GUVAVA JA and BHUNU JA

This is an appeal against the entire judgment of the Labour Court sitting at Bulawayo, handed down on 18 January 2010. After reading documents filed of record and hearing counsel, we made the following order:“IT IS ORDERED:1. The appeal be and is hereby allowed.2. There shall be no order as ...
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SC14-17 : CHEMCO HOLDINGS (PRIVATE) LIMITED vs L TENDERE and TWENTY-FOUR OTHERS
Ruled By: ZIYAMBI JA, GWAUNZA JA, and MAVANGIRA JA

It appears that the respondents named in the proceedings both in the Labour Court and before this Court are L Tendere and 17 Others. The names listed in the proceedings differ from those listed in Annexure A which is the list submitted by the Trade Union….,. Only 18 of the respondents listed in Annexure ...
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HB103-16 : DANIEL SIBANDA vs RAY C. NDHLUKULA and THE MINISTER OF LANDS AND RURAL RESETTLEMENT
Ruled By: MOYO J

This is an application for leave to be granted to the applicant in terms of section 85(1)(c) of the Constitution of Zimbabwe, alternatively, in terms of the Class Actions Act [Chapter 8:17], to bring a class action against the respondents. At the hearing of the matter, the first respondent's counsel raised two points in limine; that of a fatally ...
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HH35-17 : LYTTON INVESTMENTS (PVT) LTD vs STANDARD CHARTERED BANK (ZIMBABWE) LTD
Ruled By: MUNANGATI-MANONGWA J

The applicant, a business entity, applied for leave to institute a class action in terms of section 3 of the Class Actions Act [Chapter 8:17] (hereinafter referred to as “the Act”) against the respondent. The respondent is a Bank which, inter alia, is in the business of lending money. The class of persons for which leave is sought ...
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HH102-15 : ZIMBABWE ELECTRICITY TRANSMISSION AND DISTRIBUTION COMPANY (PVT) LTD vs BINDURA RURAL DISTRICT COUNCIL and FIFTY NINE OTHERS
Ruled By: DUBE J

There is no law that limits the number of respondents that can be brought in an action or application. It is permissible, at common law, to join a number of defendants in one action or application for as long as a common question of law or fact arises with respect to all the respondents and ...
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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

This is an application in terms of subsections 85(1)(a) and 85(1)(b) of the Constitution of Zimbabwe Amendment (No.20/2013) (“the Constitution”). The first applicant is acting in both her own interest and that of her husband who is the second applicant.In their heads of argument, the applicants submit that they have ...
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HH223-13 : HWANGE COLLIERY CO. LTD and HWANGE COAL GASIFICATION CO. PL vs HWANGE COAL GASIFICATION CO. PL and TENDAI SAVANHU and KINGDOM BANK LTD and STANBIC BANK LTD and GUO FENG and ORS
Ruled By: MAFUSIRE J

Misjoinder or non joinder of parties is governed by Order 13 Rule 87. The relevant provision is sub-rule (2)(b). It reads as follows: “(2) At any stage of the proceedings in any cause or matter the court may on such terms as it thinks fit and just either of its own motion or on application – [a]…,. [b] Order ...
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HH204-15 : THUTHANI MOYO vs JOHN BOWMAN and PONDS PHIRI and BERYL WATSON and MARGARET JAMES and ABEL DENHERE and OTHERS
Ruled By: MAWADZE J

While our legal system allows unrepresented litigants to approach the High Court in civil matters, this case brings into focus the need, in some cases which involve intricate issues of law, for such litigants to be legally represented. My spirited attempts to advise the applicant to seek legal representation, even through the Registrar, were spurned by the applicant ...
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CC04-18 : GABRIEL SHUMBA and SIBONILE MFUMISI and DARLINGTON NYAMBIYA vs MINISTER OF JUSTICE and CHAIRPERSON, ZIMBABWE ELECTORAL COMMISSION and ZIMBABWE ELECTORAL COMMISSION and OTHERS
Ruled By: GWAUNZA JCC, GARWE JCC, GOWORA JCC, HLATSHWAYO JCC, PATEL JCC, GUVAVA JCC, MAVANGIRA JCC, BHUNU JCC and UCHENA JCC

This is an application in terms of section 85(1)(a) of the Constitution and the background to the matter is as follows:-The applicants are all citizens of, but are not resident in, Zimbabwe. They give different reasons for their absence, with the first applicant citing political reasons. The second applicant cites ...
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SC46-17 : ANDREW MAGARASADZA and 34 OTHERS vs FREDA REBECCA GOLD MINE HOLDINGS LTD t/a FREDA REBECCA GOLD MINE and ASSOCIATED MINE WORKERS UNION OF ZIMBABWE
Ruled By: MAVANGIRA JA

In chambers in terms of Rule 5 of the Rules of the Supreme Court, 1964.For the sake of completeness, the following observation is noted:Despite being served with all the relevant papers, the second respondent did not file any papers in response to this application. It was therefore barred. It also ...
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SC02-21 : EDDIES PFUGARI (PVT) LTD and EDWARD NYANYIWA vs KNOWE RESIDENTS AND RATEPAYERS ASSOCIATION and NORTON TOWN COUNCIL
Ruled By: PATEL JA, BHUNU JA and BERE JA

This is an appeal against the judgment of the High Court granting an application for specific performance lodged by the first respondent against the appellants. Apart from granting the relief sought, including the payment of damages in the alternative, the court a quo also ordered the appellants to pay costs ...
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SC26-21 : JOSEPH LUNGU and OTHERS vs RESERVE BANK OF ZIMBABWE
Ruled By: GUVAVA JA, MAVANGIRA JA and MAKONI JA

The appellants are 153 former employees of the respondent who were employed as security guards on fixed-term contracts renewable every three months....,.The remittal proceedings commenced with the appellants' Statement of Claim, to which the affidavit of Joseph Lungu, the first appellant, was attached.
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HMA28-20 : TRIANGLE LIMITED and HIPPO VALLEY ESTATES vs ZIMBABWE REVENUE AUTHORITY and OTHERS
Ruled By: ZISENGWE J

The parties in this application are embroiled in a bitter dispute over the implications of their failure to specifically include Value Added Tax (abbreviated herein as “VAT”) matters in agreements for the milling of sugarcane.The applicants are both companies duly incorporated in terms of the laws of Zimbabwe whose names ...
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SC112-21 : OLIVER BWITITI vs STANLEY FARMS (PRIVATE) (LIMITED) and OTHERS
Ruled By: MWAYERA JA

This is an opposed chamber application for condonation and extension of time within which to note an appeal in terms of Rule 43 of the Supreme Court Rules 2018. The applicant intends to appeal against the whole judgment of the High Court handed down on 7 July 2017.FACTUAL BACKGROUNDThe brief ...
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HH85-21 : JULIET KADUNGURE and ANDERSON KADUNGURE and NERIA KADUNGURE vs PATRICIA DARANGWA and MASTER OF THE HIGH COURT OF ZIMBABWE (N.O.)
Ruled By: CHIRAWU-MUGOMBA J

This matter was placed before me as an urgent chamber application having been filed on the 23rd of February 2021. Upon receipt, I gave directions for the filing of notices of opposition and opposing affidavits as well as heads of argument.The second respondent did not file a notice of opposition, ...
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SC144-21 : FARAI MATSIKA and FAIRGOLD INVESTMENTS (PRIVATE) LIMITED vs MOSES CHINGWENA and 38 OTHERS
Ruled By: BHUNU JA

This is an opposed application for condonation of late noting of an appeal and extension of time within which to file a notice of appeal. The applicant brings the application in terms of Rule 43 of the Rules of Court 2018.THE PARTIESThe first applicant is a former employee of the ...
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SC180-20 : AIR ZIMBABWE (PRIVATE) LIMITED vs J.V. MATEKO and ELIJAH CHIRIPASI and OTHERS
Ruled By: GARWE JA, MAVANGIRA JA and MATHONSI JA

This is an appeal against confirmatory proceedings conducted by the Labour Court on 8 September 2017 in terms of section 93(5) of the Labour Act. At the end of the proceedings, the Labour Court made a number of alterations to the draft ruling issued by the Labour Officer.The Labour Court ...
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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

MAKARAU JCC:This is an application in terms of section 175(3) of the Constitution of Zimbabwe, for the setting aside in its entirety, of a High Court declaratory order handed down on 15 May 2021. The order, issued in respect of two distinct and separately filed applications, invalidated certain conduct by ...
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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

The matter is an application in terms of the then Rule 449 of the High Court Rules 1971, now Rule 29 of the High Court Rules 2021, as read with Rule 45 of the Constitutional Court Rules 2016 (“the Rules”)....,.Factual BackgroundThe applicants allegedly reside on a piece of land in ...
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CC01-22 : LIZIWE MUSEREDZA and 303 OTHERS (LISTED) vs MINISTER OF AGRICULTURE, LANDS, WATER AND RURAL RESETTLEMENT and MAPARAHWE PROPERTIES (PRIVATE) LIMITED and OTHERS
Ruled By: GOWORA JCC, HLATSHAWYO JCC and PATEL JCC

This is an application for leave for direct access to the Constitutional Court brought in terms of section 167(5)(a) of the Constitution as read with Rule 21 of the Rules of the Constitutional Court 2016.The applicants are a group of persons residing on a piece of land over which the ...
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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

This matter was heard on 13 January 2016 with judgment being reserved.On 27 January 2016, this court determined, that, in view of the fact that this case raises similar issues as that of Farai Lawrence Ndlovu Anor v The Minister of Justice Legal Parliamentary Affairs, Constitutional ...
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CC14-20 : HILTON CHIRONGA and RASHID MAHIYA vs MINISTER OF JUSTICE, LEGAL & PARLIAMENTARY AFFAIRS and MINISTER OF HOME AFFAIRS and MINISTER OF DEFENCE and GOVERNMENT OF ZIMBABWE
Ruled By: MALABA DCJ, ZIYAMBI JCC, GWAUNZA JCC, GARWE JCC, GOWORA JCC, HLATHSWAYO JCC, PATEL JCC, BHUNU JCC and UCHENA JCC

One of the crucial elements of the new constitutional dispension ushered in by the 2013 Constitution is to make a decisive break from turning a blind eye to constitutional obligations. To achieve this goal, the drafters of the Zimbabwean Constitution Amendment (No.20) Act 2013 (“the Constitution”) adopted the rule of ...
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