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Cause of Action re: Suits or Proceedings Involving the President or Judges

HB94-11 : GOLDEN MOYO vs STEPHEN MKOBA and DISTRICT ADMINISTRATOR, MIDLANDS PROVINCE and GOVERNOR, MIDLANDS PROVINCE and MINISTER OF LOCAL GOVERNMENT and PRESIDENT OF THE REPUBLIC OF ZIMBABWE
Ruled By: NDOU J

There are two matters in this case.The first matter, HC1396/09, is for the confirmation or discharge of a provisional order granted by this court on 10 September 2009. The second, which is the main matter, under HC1410/09, is for the rescission of the decision to appoint the first respondent as ...
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SC21-17 : THE PRESIDENT OF ZIMBABWE, ROBERT GABRIEL MUGABE (in his official capacity) and OTHERS vs MORGAN TSVANGIRAI (in his official capacity as Prime Minister of Zimbabwe and in his personal capacity)
Ruled By: CHIDYAUSIKU CJ

The facts of this case, which are common cause, are that the first applicant is the President of Zimbabwe (hereunder referred to as "the President"). The respondent is Mr Morgan Tsvangirai, the Prime Minister of Zimbabwe (hereunder referred to as 'the Prime Minister). The Prime Minister, in a court application launched ...
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HH658-15 : CHARLES NGONI vs MINISTER OF HOME AFFAIRS and THE COMMISSIONER OF POLICE and OFFICER CHIMEDZA
Ruled By: TSANGA J

Section 50(9) of the Constitution reads as follows: “Any person who has been illegally arrested or detained is entitled to compensation from the person responsible for the arrest or detention, but the law may protect the following persons from liability under this section - (a) A judicial officer acting in judicial capacity reasonable and in good faith. (b) Any other public officer ...
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SC133-19 : EGA SANSOLE N.O. and CECILIA NEHWATI and THE ASSISTANT MASTER - HIGH COURT vs CHARLES NCUBE and ANNE NCUBE and NEGOLOBELO NEHWATI and MANO NEHWATI
Ruled By: CHIDYAUSIKU CJ, ZIYAMBI JA and MALABA JA

It has also been averred, and not seriously disputed, that while the deceased was in Hwange Hospital he sent for Mr Justice Kamocha. Mr Justice Kamocha did visit the deceased, and, upon the deceased's request made during this visit, prepared a draft Will for the deceased to sign. The deceased succumbed to his illness and died ...
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SC86-20 : CONSTANTINE CHIWENGA vs MARRY MUBAIWA
Ruled By: GWAUNZA DCJ, GARWE JA and BHUNU JA

It appears that the learned judge a quo was overwhelmed by the status of the appellant, as Vice President of the country, and the intensity of the conflict. His vision was apparently clouded by the dust of the conflict, prompting him to wade into its murky waters in aid of ...
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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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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

IntroductionThis judgment is in respect of two matters, HC2128/21 and HC2166/21. The two matters were heard together because the substance of their complaints is the same.Both matters were brought by way of application. HC2128/21 was instituted as an urgent court application while HC2166/21 was brought as an urgent chamber application.Both ...
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HHH531-17 : STATE vs JOHANNES TOMANA
Ruled By: CHITAPI J

The President..., enjoys immunity whilst in office, in terms of section 98 of the Constitution.
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