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Pleadings re: Admissions or Undisputed Facts iro Stated Case or Amicable Action Proceedings & the Dispensing of a Trial

HH44-09 : BLESSMOE CHANAKIRA and AUXILIA DANAYI MYNYEZA vs MAI KAI REAL ESTATE DEVELOPMENT TRUST and BERNARD MUTANGA
Ruled By: BERE J

Application in terms of Order 29 of the High Court Rules, 1971.The BackgroundThe agreed facts of this matter, as given by the parties, are as follows:-On 9 November 2004, the plaintiffs entered into an Agreement of Sale with the first defendant, represented by the second defendant, in respect of the ...
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HH167-12 : ZIMBABWE DEVELOPMENT BANK vs GENERAL ACCIDENT INSURANCE COMPANY
Ruled By: CHIWESHE J

At the pre-trial conference it was declared that this matter be referred to trial as a Stated Case. The agreed facts were as follows...,.
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HH116-10 : DEBORAH GLORIA KOUMIDES vs PAUL KOUMIDES
Ruled By: MAVANGIRA J

When the matter came up for trial, on 19 October 2009, the parties advised the court that it was their intention, by consent, and in terms of Order 29 Rule 199, to proceed by way of Stated Case on the issue of the defendant's liability for the maintenance of Elena Gloria Koumides and on ...
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SC39-15 : COSMAS BUNGU and THE EXECUTIVE COMMITTEE HARARE MUNICIPAL WORKERS UNION and THE HARARE MUNICIPAL WORKERS UNION vs JOHN MAKARUDZE and MAXWELL MUNONDO
Ruled By: ZIYAMBI JA, GARWE JA, and GUVAVA JA

This matter was dealt with in the court a quo as a Stated Case. At the hearing of the appeal, certain issues arose which had not been canvassed by the parties in the court a quo: for example, the issue of the validity of Clause 5(a) of the new Constitution and the propriety of the ...
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HH186-10 : CAFCA LIMITED vs RESERVE BANK OF ZIMBABWE
Ruled By: MTSHIYA J

On 29 July 2008, the plaintiff issued summons against the defendant for the following relief:-“(a) Payment of the sum of US$750,000.(b) Interest a tempore morae at the London Interbank rate for United States dollars, 3.5% per annum, from 1 September 2005 to date of payment.(c) Costs of suit.”The background to ...
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HH228-10 : CAROLINE MABAIRE vs SHEPHERD JAILOSI and THE MINISTRY OF TRANSPORT AND COMMUNICATIONS
Ruled By: KUDYA J

Liability in this matter is admitted. The dispute concerns the measure of damages that is due to the plaintiff. On 1 June 2010, the parties filed a Stated Case which reads - 1. It is common cause between the parties that on 15 November 2006 at No.17 418 Flanagan Road Hillside Harare, the first defendant, ...
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HB61-10 : LUXION TACHIONA and NONTOKOZO DUBE vs NATIONAL RAILWAYS OF ZIMBABWE
Ruled By: NDOU J

The parties have agreed that their dispute be resolved in terms of a stated special case pursuant to the provisions of Order 29 Rule 199. The parties concurred in a special case for the opinion of this court.
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HB63-10 : SALLY MAPLANKA vs B. A. NCUBE HOLDINGS
Ruled By: NDOU J

This matter was commenced by way of summons. At the pre-trial conference the parties agreed to proceed by way of a Stated Case in terms of Order 29 Rule 199 of the High Court Rules, 1971. The Stated Case agreed upon is the following: “1. Outline of agreed facts 1.1 Plaintiff is Sally Maplanka, a private ...
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SC47-16 : PROFESSOR CHETSANGA and COLLIN KUHUNI and MONICA MUKONOWESHURO vs PATTERSON TIMBA and RENAISSANCE FINANCIAL HOLDINGS (PRIVATE) LIMITED
Ruled By: GWAUNZA JA, PATEL JA and MAVANGIRA JA

The relevant background to the appeals herein may be summarised as follows. The dispute between the parties, in both appeals, commenced in the High Court by way of civil action. After all the parties had filed their pleadings, it was agreed, at the pre-trial conference stage, that a specific point of law be determined by ...
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SC25-17 : DR NOBERT KUNONGA vs THE CHURCH OF THE PROVINCE OF CENTRAL AFRICA
Ruled By: ZIYAMBI JA, GARWE JA and BHUNU JA

WHAT IS A STATED CASE? The Rules of Court of most countries make provision for the reference of a matter as a Stated Case. But what is a Stated Case? It is a case that is brought upon the agreement of the parties who submit a statement of undisputed facts to the court ...
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SC48-17 : FREDERICK WILHEM AUGUST LUTZKIE vs CHIEF IMMIGRATION OFFICER
Ruled By: GARWE JA, GOWORA JA and BERE AJA

In my view, in a Stated Case, such as the present, a party cannot be allowed to raise, in supplementary heads of argument, new issues of law not hitherto canvassed before the court a quo, unless both parties have had the opportunity to deal adequately with the issues so raised. Moreover, the essence of ...
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HH08-15 : JOHN MAKARUDZE and MAXWELL MUNONDO vs COSMOS BUNGU and THE EXECUTIVE COMMITTEE, HARARE MUNICIPAL WORKERS' UNION and THE HARARE MUNICIPAL WORKERS' UNION
Ruled By: MAFUSIRE J

The action had been referred to court as a Special Case in terms of Order 29 of the Rules of this Court.
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HH66-15 : ROLLEX (PVT) LTD vs DELTA BEVERAGES (PVT) LTD
Ruled By: DUBE J

This matter was brought in terms of Rule 185 of the High Court Rules, 1979. At the hearing of this matter, the parties filed a Statement of Agreed Facts. The court was asked to determine issues identified, dispensing with the need for a full trial.
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CC22-17 : MOVEN KUFA and VOICE FOR DEMOCRACY TRUST vs THE PRESIDENT OF THE REPUBLIC OF ZIMBABWE and THE PRIME MINISTER OF THE REPUBLIC OF ZIMBABWE and OTHERS
Ruled By: CHIDYAUSIKU CJ, ZIYAMBI JA, GARWE JA, GOWORA JA and OMERJEE AJA

The law is clear that once a fact is conceded, no evidence needs to be called to prove such fact. The law is also settled that once a concession on an issue of fact is made, such concession cannot be withdrawn, except on application and good cause shown. This position is so well established in ...
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HH314-16 : AS SCHOOL and CSS SCHOOL and SET COLLEGE and GST SCHOOL and SC COLLEGE and CB SCHOOL vs ZIMBABWE REVENUE AUTHORITY
Ruled By: KUDYA J

In the absence of factual disputes, the parties argued the legal issues on the basis of the Statement of Agreed Facts furnished at the pre-trial hearing….,. The determination of the issues referred on appeal will of necessity be decided on the basis of the Statement of Agreed Facts and the information placed before me in the Rule ...
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HH183-15 : ZB BANK LIMITED vs ERIC ROSEN (PVT) LTD and ERIC ANTHONY ROSEN and ELIZABETH ROSEN
Ruled By: MAFUSIRE J

By agreement, the parties referred this matter to court as a Special Case in terms of Order 29 of the Rules of this Court. In my view, this was a mistake. My reasons for saying this are towards the end of this judgment.
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HH28-03 : CHRIS ROBERTS vs AIR ZIMBABWE CORPORATION
Ruled By: HUNGWE J

The plaintiff was a passenger aboard Flight UM14176 from Harare to London on 9 September 1997. He had luggage. The defendant airline was to convey the luggage together with the plaintiff to London. When the plaintiff got to London he failed to get his luggage. It was lost. The plaintiff accepted payment of $4,694=28 from the ...
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Appealed
SC66-20 : BREASTPLATE SERVICE (PRIVATE) LIMITED vs CAMBRIA AFRICA PLC
Ruled By: GWAUNZA DCJ, PATEL JA and MAKONI JA

This is an appeal against the judgment of the High Court ordering the appellant to pay the outstanding amount due to the respondent in United States dollars (USD) as opposed to its Real Time Gross Settlement (RTGS) equivalent.The relevant background to this matter is as follows;On 25 February 2016, the ...
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HMT55-19 : CAMBRIA AFRICA PLC vs BREASTPLATE SERVICES (PRIVATE) LIMITED T/A NEMCHEM INTERNATIONAL
Ruled By: MUZENDA J

On 24 December 2018 the plaintiff issued summons against the defendant claiming the following:1. Payment of US$31,400.2. Interest thereon at the prescribed rate of interest per annum from 19 January 2018 to the date of payment in full and final settlement.3. Interest at the prescribed rate from 1 March 2016 ...
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SC52-18 : INNSCOR AFRICA LIMITED and GERIBRAN SERVICES (PRIVATE) LIMITED vs COMPETITION AND TARIFF COMMISSION
Ruled By: MALABA CJ, HLATSHWAYO JA and PATEL JA

This is an appeal against the judgment of the High Court holding that a conglomerate is a “merger” as defined in terms of section 2 of the Competition Act [Chapter 14:28] (“the Act”), and, therefore, notifiable to the respondent in terms of section 3A of the Competition Act if its ...
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HH551-15 : W AND D CONSULTANTS (PRIVATE) LIMITED vs SEAN THOMAS NIELSON DORAN
Ruled By: DUBE J

This dispute came before me as a trial matter. The parties agreed to dispense with the need to call oral evidence there being no disputes of fact arising from the facts. Thereafter, the parties filed heads of argument and a Statement of Agreed Facts. After argument, the court granted the ...
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SC60-21 : LEATHOUT INVESTMENTS (PVT) LTD vs FUTURE MUVIRIMI and PETRONELLA MUVIRIMI
Ruled By: GOWORA JA, PATEL JA and BERE JA

The parties herein are engaged in various wrangles in the Magistrates Court and the High Court. The wrangles have seen the parties file complaints of alleged criminal activities against each other.In this appeal, the dispute relates to immovable property.On 2 April 2014, the appellant caused summons to be issued out ...
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HH169-13 : TROJAN NICKEL MINE LIMITED vs RESERVE BANK OF ZIMBABWE
Ruled By: MATHONSI J

It is WALLIS JA, with HARMS AJ, VAN HEERDEN JA, MALAN JA and PETSE AJA all concurring who waxed lyrical in Executive Officer of the Financial Services Board v Dynamic Wealth Ltd Ors 2012 (1) SA 543 when he said:“Ever since the bursting of the South Sea Bubble ...
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SC163-21 : TENDAYI WASHAYA and CHIPO WASHAYA vs MAKEBREAK TRADING (PVT) LTD and THE SHERIFF OF THE HIGH COURT (N.O.) and THE REGISTRAR OF DEEDS
Ruled By: MALABA CJ, UCHENA JA and CHIWESHE AJA

This is an appeal against the whole judgment of the High Court (“the court a quo”) holding that the first respondent had complied with the provisions of the Contractual Penalties Act [Chapter 8:04] (“the Contractual Penalties Act”) in sending a notice of cancellation of an agreement to the appellants by ...
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HHB62-15 : MICHAEL BIDDLECOMBE vs THE STATE
Ruled By: TAKUVA J and MOYO J

This is an appeal against the decision of the Magistrates Court sitting at Gwanda, in which the appellant was ordered to stand trial on allegations of contravening the provisions of section 3 of the Gazetted Land (Consequential Provisions) Act [Chapter 20:28] (hereinafter “the Act”).The factual allegations were, that, on 19 ...
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