Law Portal
Zimbabwe

Welcome To Law Portal

Welcome, Guest!
[Help?]

Subpoena re: Subpoena Duces Tecum or Judicial Order for the Production of Documents and the Rule of Relevance

HH113-09 : DIDYMUS MUTASA vs NGONI NDUNA N.O. and ATTORNEY-GENERAL and COMMISSIONER-GENERAL OF POLICE and ROBERT MCKERSIE
Ruled By: PATEL J

Section 229 of the Criminal Procedure and Evidence Act [Chapter 9:07] regulates the process for securing the attendance of witnesses as follows:“(1) In this section —'prescribed officer' means the registrar, assistant registrar or clerk of the court or any officer prescribed by rules of court.(2) Either party desiring to compel ...
More

HH112-10 : CENTRAL AFRICAN BUILDING CONSTRUCTION COMPANY (PVT) LIMITED vs CONSTRUCTION RESOURCES AFRICA (PVT) LIMITED
Ruled By: GOWORA J

The defendant has considered issuing a subpoena docus tucum for the production of minute books.
More

HH116-10 : DEBORAH GLORIA KOUMIDES vs PAUL KOUMIDES
Ruled By: MAVANGIRA J

The defendant only made available the profit and loss account documents...., after an adjournment was sought by the plaintiff's legal practitioner for that purpose.
More

SC36-17 : NETONE CELLULAR (PRIVATE) LIMITED and REWARD KANGAI vs ECONET WIRELESS (PRIVATE) LIMITED and ZIMBABWE REVENUE AUTHORITY
Ruled By: GOWORA JA, HLATSHWAYO JA and PATEL JA

This is an appeal against the judgment of the Fiscal Appeal Court dismissing an application by the appellants to set aside a subpoena duces tecum issued by the Registrar of that court on 9 February 2015. The first appellant is Netone Cellular (Pvt) Ltd (Netone) and the second appellant is its Managing Director (Reward ...
More

SC47-18 : NETONE CELLULAR (PVT) LTD and REWARD KANGAI vs ECONET WIRELESS (PVT) LTD and ZIMBABWE REVENUE AUTHORITY
Ruled By: GOWORA JA, HLATSHWAYO JA and MAVANGIRA JA

This is an appeal against part of the judgment of the Fiscal Appeal Court dismissing an application to set aside a subpoena duces tecum issued against the appellants. The first appellant and the first respondent are both mobile network providers operating in Zimbabwe. At the time of the institution of proceedings in the court a quo the second appellant was ...
More

SC47-18 : NETONE CELLULAR (PVT) LTD and REWARD KANGAI vs ECONET WIRELESS (PVT) LTD and ZIMBABWE REVENUE AUTHORITY
Ruled By: GOWORA JA, HLATSHWAYO JA and MAVANGIRA JA

1. Whether or not the subpoena duces tecum is an abuse of court process It is submitted, by the appellants, that the subpoena was an abuse of court process. The appellants submit that the subpoena itself has nothing to do with the pursuit of the truth and that it is oppressive, thus constituting an abuse of court process. What constitutes ...
More

SC47-18 : NETONE CELLULAR (PVT) LTD and REWARD KANGAI vs ECONET WIRELESS (PVT) LTD and ZIMBABWE REVENUE AUTHORITY
Ruled By: GOWORA JA, HLATSHWAYO JA and MAVANGIRA JA

2. Whether or not the subpoena duces tecum violates the appellants' right to privacy The appellants submit that upholding the subpoena duces tecum will undermine the first appellant's right to privacy, and, in the process, would constitute a contravention of both the Constitution and common law principles relating to privacy. Section 57 of the Constitution of Zimbabwe, 2013 provides that every ...
More

HH278-17 : DAVID LUWO and ROSE LUWO vs DOWOOD SERVICES (PVT) LTD and RAILING ENTERPRISES (PVT) LTD
Ruled By: MOYO J

At the hearing of this matter I dismissed it by consent with costs at the legal practitioner and client scale. I was then served with a letter requesting for reasons. Here are the reasons. The point in limine raised was never argued hence I have no deliberation to make on it. In any event, as submitted ...
More

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

SUBPOENA DUCES TECUM It is necessary to deal with the issue of the subpoena duces tecum the applicant sought from a Judge in chambers. A subpoena duces tecum is a subpoena issued under an order of a court compelling a person to produce documents which the court is satisfied are relevant evidence of a matter under determination. A ...
More

HH180-16 : DR JABULANI KUCHENA vs THE SCIENTIFIC AND INDUSTRIAL RESEARCH AND DEVELOPMENT CENTRE
Ruled By: CHIGUMBA J

This is an urgent chamber application for a mandatory interdict in which the following order is sought on an interim basis;- That the respondent be and is hereby ordered to furnish the applicant with the following information within forty-eight hours of this order being granted; 1. A schedule detailing the applicant's back-pay and benefits from the period of March ...
More

Appealed
SC56-20 : MOVEMENT FOR DEMOCRATIC CHANGE and NELSON CHAMISA and MORGAN KOMICHI vs ELIAS MASHAVIRA and ELIAS MUDZURI and THOKOZANI KHUPE and DOUGLAS MWONZORA
Ruled By: GARWE JA, PATEL JA and GUVAVA JA

This is an appeal against the entire judgment of the High Court, sitting at Harare, handed down on 8 May 2019, in which the following order was granted:1. The appointment of the 2nd and 3rd respondents as Deputy Presidents of the Movement for Democratic Change party were unconstitutional therefore null ...
More

HHH517-20 : INTRATREK ZIMBABWE PL and WICKNELL CHIVHAYO and STANLEY KAZHANJE vs PROSECUTOR GENERAL OF ZIMBABWE and P MATURURE N.O.
Ruled By: CHIKOWERO J and KWENDA J

I will refer to the parties as Intratrek, Chivhayo, Kazhanje, the PG, and the court a quo respectively. Where it is convenient to do so I will refer to the first three (3) parties as the applicants and the last two as the respondents or first and second respondent as ...
More

SC91-20 : CONSTANTINE CHIMAKURE and ALPHA MEDIA HOLDINGS PL vs AMBASSADOR AGRIPPA MUTAMBARA and ESTER MUTAMBARA
Ruled By: GOWORA JA, MAKONI JA and BERE JA

BACKGROUND FACTSThe respondents are husband and wife. They are before this Court pursuant to a suit for defamation instituted by them in the High Court against the appellants herein. In the declaration, the first respondent is described as an Ambassador. It is a description which appears common cause. The first ...
More

HH84-12 : CHRISTOPHER BARNSLEY vs HARAMBE HOLDINGS (PVT) LTD AND ANOTHER
Ruled By: MATHONSI J

The applicant was employed as Group Engineering Director by the first respondent, which represented itself as a holding company comprising several subsidies with the second respondent as its Chief Executive Officer.The letter of his appointment containing the terms of employment, dated 7 May 2009, was signed by the second respondent ...
More

HH99-18 : C F (PVT) LTD vs ZIMBABWE REVENUE AUTHORITY
Ruled By: KUDYA J

This is an appeal against four amended income tax assessments number 20211442 for the year ending 31 December 2009; 20211443 for the year ending 31 December 2010; 202211446 for the year ending 31 December 2011; and 20211448 for the year ending 31 December 2012 that were issued against the appellant ...
More

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

This is an appeal against the whole judgment of the High Court (court a quo). The suspension from office of the appellant led to a flurry of court applications in the court a quo. This is just one of them in which the court a quo dismissed the appellant's application.The ...
More

HH226-18 : SAKUNDA ENERGY (PVT) LTD and SAKUNDA LOGISTICS (PVT) LTD and KUDAKWASHE TAGWIREI vs MAYOR LOGISTICS (PVT) LTD and JUSTICE WADYAJENA
Ruled By: HUNGWE J

In November 2017, the plaintiff (respondent in this application) instituted action against the defendant (the present applicant) claiming the payment of certain amounts of money due and payable in terms of a compromise agreement entered between the parties.The defendant has still not filed a plea. It has, however, filed two ...
More

Back Main menu

Categories