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Cause of Action and Framing of Draft Orders re: Doctrine Against Benefitting from One's Own Wrongdoing

Appealed
SC36-12 : RESERVE BANK OF ZIMBABWE vs CAFCA LTD
Ruled By: MALABA DCJ, ZIYAMBI JA and OMERJEE AJA

This is an appeal against the judgment of the High Court granting with costs a claim by the respondent for:(i) Payment of the sum of US$750,000.(ii) Interest tempore morae at the London Interbank rate for United States dollars, at 3.5% per annum, from 1 September 2005 to the date of ...
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HH32-12 : ZELLCO CELLULLAR PL vs NETONE CELLULLAR PL and DR CALLISTUS NDLOVU and REWARD KANGAI and LYNDON NKOMO
Ruled By: GOWORA J

On 13 April 2011, under Case No. HC3507/11, PATEL J granted a provisional order in the following terms;“INTERIM RELIEF GRANTEDPending the determination of this matter, the applicant is granted the following interim relief;1. The decision of the Respondent to cancel the Service Provider Agreement be and is hereby declared unlawful ...
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HH44-10 : JOHN STRONG (PVT) LTD and TOBS STRONG (PVT) LTD vs WILLIAM WACHENUKA
Ruled By: CHATUKUTA J

This is an application for contempt of court.The background to this application is that the applicants were the owners of Disi Farm (the farm). The farm has since been acquired by the State. The respondent was issued with an offer letter for subdivision 7 (Plot 7) of the farm by ...
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SC11-12 : JESTINA MUKOKO vs THE ATTORNEY-GENERAL
Ruled By: CHIDYAUSIKU CJ, MALABA DCJ, SANDURA JA, ZIYAMBI JA and GARWE JA

This case is about a permanent stay of a criminal prosecution because of torture and inhuman and degrading treatment to which the applicant was subjected by State security agents prior to being brought to Court on a criminal charge.Jestina Mukoko (hereinafter referred to as (“the applicant”) appeared before a magistrate ...
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HH35-10 : RUTH MUSONZA (nee MTANAUKWA) vs ESHMAEL MUSONZA
Ruled By: GUVAVA J

The parties married on 13 December 1992 in terms of the Marriage Act [Chapter 5:11]...,.The marriage was an unhappy one filled with physical and emotional abuse. The plaintiff left home on numerous occasions but always returned in the hope that the marriage would work. In October 2006, however, things came ...
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HB153-11 : JONA NDALAMA vs CHIEF SUPERINTENDENT – HAPPYMORE SIGAUKE and COMMISSIONER GENERAL – AUGUSTINE CHIHURI
Ruled By: NDOU J

The application was filed on 1 July 2010. The application was filed and served out of time. Before he obtained condonation, the applicant served the application on the respondents on 2 July 2010. The applicant's application for condonation for late noting of review was granted on 30 September 2010. On 11 October 2010, the applicant served ...
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Appealed
HH195-14 : FARAI MUSHORIWA vs CITY OF HARARE
Ruled By: BHUNU J

The undisputed facts before me clearly establish that prior to the dispossession, the applicant was in peaceful and undisturbed possession of the water connection in dispute. The only issue that arises is whether such dispossession was lawful. There is no substance in the respondent's claim that the applicant was no longer in peaceful and undisturbed possession of ...
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HH288-14 : CHRISTINE GOREMUSANDU and GODFREY MAHENGA vs EUNICE CHITAMBARA and MASTER OF THE HIGH COURT and THE REGISTRAR OF DEEDS
Ruled By: MWAYERA J

The first applicant simply claims she was customarily married to the deceased and chose not to commit herself on the allegation that she was separated from the deceased and was married to Dzikamai Katsidzira and bore a child. She cannot surely have her cake and eat it the same time.For her to argue she was not ...
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HH315-14 : TECLA KAMBARAMI vs PETER MAJONGWE and THE REGISTRAR OF DEEDS and THE DEPUTY SHERIFF HARARE
Ruled By: DUBE J

A litigant who acts fraudulently cannot expect to benefit from activities carried out nicodimously. He cannot have his cake and eat it. It is the duty of the courts to protect unsuspecting victims who fall victim to such form of creativity.
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SC30-13 : ARCHIPELAGO (PVT) LTD vs LOCAL AUTHORITIES PENSION FUND and ADDINGTON CHINAKE
Ruled By: MALABA DCJ, ZIYAMBI JA and PATEL AJA

DETERMINATION BY EXPERT VALUER As the record shows, and as was correctly conceded by counsel for the appellant; the appellant fully participated in the rental assessment proceedings before Angelbert Nyandoro, as an expert valuer, as well as the arbitration proceedings before the second respondent. Counsel for the appellant also concedes that Angelbert Nyandoro's determination was not ...
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SC32-13 : HEYWOOD INVESTMENTS (PRIVATE) LIMITED t/a GDC HAULIERS vs PHARAOH ZAKEYO
Ruled By: MALABA DCJ, GARWE JA and GOWORA JA

The first ground was that the application by the respondent was fatally defective for want of form, in that it failed to comply with the requirements of the Labour Court Rules, S.I.59 of 2006 (the Rules). The appellant is correct that section 14 of the Labour Court Rules, S.I.59 of 2006 requires that an application ...
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CC05-15 : TOUR OPERATORS BUSINESS ASSOCIATION OF ZIMBABWE vs MOTOR INSURANCE POOL and ZIMBABWE REVENUE AUTHORITY and INSURANCE AND PENSIONS COMMISSION and ATTORNEY-GENERAL
Ruled By: CHIDYAUSIKU CJ, MALABA DCJ, ZIYAMBI JCC, GWAUNZA JCC, GARWE JCC, GOWORA JCC, HLATSHWAYO JCC, PATEL JCC and GUVAVA JCC

It is implored, on behalf of the Tour Operators Business Association of Zimbabwe that the fact that its members have contravened a law does not debar them from approaching a court for relief in respect of any alleged violation of fundamental rights, as is expressly affirmed in section 85(2) of the Constitution, and that the ...
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SC04-15 : AGSON MAFUTA CHIOZA vs SMOKING WILLIAMS SIZIBA
Ruled By: ZIYAMBI JA, GARWE JA and OMERJEE AJA

It was submitted, on behalf of the respondent that the illegality – the understatement of the purchase price - having been instigated by the appellant, the court ought to take cognizance of the moral blameworthiness of the parties in determining where the justice of the case lay. It was submitted that it was ...
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SC60-15 : SIMON GAZI vs NATIONAL RAILWAYS OF ZIMBABWE
Ruled By: ZIYAMBI JA, GWAUNZA JA and MAVANGIRA AJA

The appellant makes the point that the court a quo should not have relied so strongly on authorities that pertain to 'ordinary' civil matters in its determination of labour disputes. This is because, he contends, the Labour Court should not take as strict a view of its jurisdiction. I find no merit in this ...
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CC14-16 : FUNGAYI MAJOME vs ZIMBABWE BROADCASTING CORPORATION and MINISTER OF MEDIA, INFORMATION AND PUBLICITY and THE ATTORNEY GENERAL OF ZIMBABWE
Ruled By: MALABA DCJ, ZIYAMBI JCC, GWAUNZA JCC, GARWE JCC, GOWORA JCC, HLATSHWAYO JCC, PATEL JCC, GUVAVA JCC and MAVANGIRA AJCC

It must be said that the applicant's conduct, of deliberately refusing to pay the licence fee for possessing a television set remains a criminal offence notwithstanding the attempt to justify the offence on account of the alleged biased programming by the public broadcaster in favour of ZANU-PF.Wrongful conduct on the part of the public ...
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HH767-15 : IN RE: STAND FIVE FOUR NOUGHT (PVT) LTD (Under Provisional Judicial Management) FOR AN ORDER FOR FINAL JUDICIAL MANAGEMENT vs x
Ruled By: MATHONSI J

What we therefore have is a party who has failed to fully comply with the procedure set out in the Rules under circumstances suggesting a deliberate attempt to incapacitate a creditor from contesting the application now trying to rely on its own default to snatch at a final order unopposed. That cannot be ...
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SC37-16 : MARANGE RESOURCES (PVY) LTD vs CORE MINING & MINERALS PL (IN LIQUIDATION), MOSES CHINHENGO (RETIRED JUDGE) N.O., PRESIDENT, LAW SOCIETY OF ZIMBABWE N.O., ATTORNEY GENERAL OF ZIMBABWE N.O.
Ruled By: MALABA DCJ, HLATSWAYO JA and GUVAVA JA

This is an appeal against the whole judgment of the High Court of Zimbabwe. The order sought to be impugned reads as follows:“I am not satisfied that the matter is urgent. This application fails. It will not be necessary to decide all the other issues raised. In the result, the application is dismissed with ...
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SC49-17 : PHILLIP ELLSE vs MICHAEL JOHNSON
Ruled By: GARWE JA, GUVAVA JA and UCHENA JA

Counsel for the appellant argued that the fact that the appellant was both the borrower and surety renders the loan agreement and surety agreement nullities. Counsel for the respondent submitted that the suretyship agreement is a nullity but the loan agreement is valid. I agree. As already said, a suretyship agreement is entered into ...
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Appealed
SC75-17 : EDWARD MADYAVANHU vs REGGIE SARUCHERA and GRANT THORNTON CAMELSA CHARTERED ACCOUNTANTS (ZIMBABWE) and CAIRNS FOODS LIMITED
Ruled By: GWAUNZA JA, GUVAVA JA and ZIYAMBI AJA

This Court finds, as did the court a quo, that the amount claimed by the appellant was not converted into US dollars by a court of competent jurisdiction. It was not enough for the appellant to attempt a conversion on his own, using a rate that was not known and coming up with ...
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HH478-15 : MUKUVISI TASHINGA HOUSING CO-OPERATIVE vs DANNY MUSUKUMA and LAST MBIZVO and CHARLIE DENGA and MSASA PARK (PRIVATE) LIMITED and ZANU P.F
Ruled By: MATHONSI J

Honourable ZHOU J must have been confronted by a problem similar to the one presented by this case when he decried the penchant by individuals in this country to want to reap where they did not sow. He stated, in Southmark Trading (Pvt) Ltd and Others v Karoi Properties (Pvt) Ltd and Others HH52-13: “The ...
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HB84-16 : PHILANI GAMA N.O. vs LUNGISANI MPOFU and PATRICIA PHIRI and MBALI NGWENYA and THE ADDITIONAL ASSISTANT MASTER N.O. and THE ASSISTANT MASTER, HIGH COURT OF ZIMBABWE, BULAWAYO N.O.
Ruled By: MATHONSI J

In Standard Chartered Bank Zimbabwe Ltd v Matsika 1997 (2) ZLR 389 (S), the Supreme Court said that; “A cardinal principle of the common law is expressed in the aphorism: 'nemo exproprio dolo consequitur actionem' which translates: no one maintains an action arising out of his own wrong. Complementary to this principle is another which ...
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HB95-16 : NATIONAL RAILWAYS OF ZIMBABWE CONTRIBUTORY PENSION FUND vs EKUTULENE INVESTMENTS t/a WALKERS PUB AND RESTAURANT and WAYNE ALLAN JONES
Ruled By: MATHONSI J

This court has in the past bemoaned the development of a culture that makes a mockery of the biblical aphorism that “whatever a man sows, that he shall reap.” See Southmark Trading (Pvt) Ltd Others v Karoi Properties (Pvt) Ltd Others HH52-13; Mukuvisi Tashinga Housing Co-operative v Musukuma Others HH478-15. That biblical aphorism has been corrupted ...
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HH57-15 : MACRO PLUMBERS (PVT) LTD vs SHERIFF OF ZIMBABWE N.O. and OWEN CHIGOYA
Ruled By: MATHONSI J

Much ado about nothing is the befitting description of this application. An application which betrays a regrettable attempt at taking advantage of a minor administrative hiccup in order to brew a storm in a tea cup. It is an application which ought not to have been made at all.
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HB105-16 : MAXWELL SIBANDA vs GAVIN HAYLER and HAROLD HAYLER and MARGARET MEEK and AUDREY BENEDICT and REGISTRAR OF DEEDS N.O. and BULAWAYO CITY COUNCIL
Ruled By: TAKUVA J

The applicant, an employee of the sixth respondent, filed this application on 5 December 2014 seeking an order compelling the first to fourth respondents to facilitate and register the transfer of an undeveloped Stand, being a certain piece of land in extent (120 Morgen sixty-four (64) square roods, forty-eight (48) square feet, being the remaining extent ...
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HH138-15 : GOLD DRIVEN INVESTMENTS vs WILLEMSE FARMING ENTERPRISES (PVT) LTD and FREDRICK CHRISTIAN MULLER
Ruled By: MATHONSI J

A party who has caused the other's breach by making it impossible or nugatory to perform cannot found any claim on the breach he has thus precipitated….,. The breach it committed vitiated any remedy it may have had. This is a basic principle of the law of contract…,.
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HH128-06 : DOBROCK HOLDINGS (PVT) LTD and TURNER AND SONS (PVT) LTD vs TURNER AND SONS (PVT) LTD and ANTHONY TURNER and MARTIN E. KING and ZAMBEZI PADDLE STEAMER (PVT) LTD and DOBROCK (PVT) LTD
Ruled By: KUDYA J

In Hattingh and Others v Van Kleek 1997 (2) ZLR 240, KORSAH JA held…., that:- “The cases clearly show that where a contract is, on the face of it, legal but by reason of a circumstance known to one party only, is forbidden by statute, it may not be declared illegal so as to debar the innocent, party ...
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HH73-15 : FUNGAI NHAU vs MEMORY KAFE and CHIPO NKUDZI
Ruled By: MATHONSI J

On the issue of locus standi, the plaintiff has stated in his declaration that he was allocated a Stand by a co-operative in consideration for payment of money. The Stand is registered in his name at the Municipality of Harare. In spite of all that, the defendants “unlawfully and violently evicted” him from the property after he ...
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HB129-16 : FANELE MAQELE and ALDRIN NYABANDO and TENDAI WARAMBWA vs VICE CHANCELLOR, PROFESSOR N.M BHEBHE N.O. and MIDLANDS STATE UNIVERSITY
Ruled By: MATHONSI J

The respondents are seeking to rely on their own default to deprive the applicants a remedy, suggesting that the applicants have created the urgency.
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CC01-18 : TIMOTHY SANGO and EDWARD DUMBURA vs BOARD OF TRUSTEES OF THE ANGLICAN DIOCESE OF MANICALAND and THE CIVIL SERVICE COMMISSION and MINISTER OF PRIMARY AND SECONDARY EDUCATION
Ruled By: CHIDYAUSIKU CJ and MALABA DCJ and GWAUNZA JCC and GOWORA JCC and HLATSHWAYO JCC and PATEL JCC and GUVAVA JCC and MAVANGIRA AJCC and BHUNU AJCC

An exercise of a right may bring about undesired consequences. These include reactions by others whose interests are adversely affected by the exercise of one's right. The applicants cannot seek protection from consequences of their own voluntary acts.
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SC13-18 : TBIC INVESTMENTS PL and PAUL CHIDAWANYIKA vs KENNEDY MANGENJE and MINISTER OF LANDS and RURAL DEVELOPMENT and REGISTRAR OF DEEDS and ATTORNEY GENERAL and COMMISSIONER OF POLICE
Ruled By: GWAUNZA JA, GOWORA JA and BHUNU JA

I note, in passing, that the prevalence of fraudulent and corrupt disappearance of records and documents in the Deeds Registry has now reached alarming proportions. This prompted MATHONSI J to lament, in the case of Cosmas Luckson Zavazava and Anor v Tendai Anania Tendere and 2 Ors HH740-15, to remark as follows: “It would appear that conveyancing laws ...
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HH193-16 : GRANDWELL HOLDINGS PL vs MINISTER OF MINES and ZIMBABWE MINING DEVELOPMENT CORPORATION and MARANGE RESOURCES PL and ZIMBABWE CONSOLIDATED DIAMOND COMPANY and MBADA DIAMONDS PL and ANOR
Ruled By: MAFUSIRE J

The law says no one maintains an action from his own wrong: see Riggs v Palmer [1899] 115 NY 506, NE 188; “All courts may be controlled in their operation and effect by general, fundamental maxims of the common law. No one shall be permitted to profit from his own fraud, or to take advantage of his own ...
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HH24-16 : MEGALINK INVESTMENTS (PVT) LTD and OWEN PETER MURUMBI and THERESA MUSINA vs AFRICAN CENTURY LIMITED and SHERIFF OF ZIMBABWE
Ruled By: TSANGA J

The applicant's counsel…, did not object to the absence of heads of argument from the respondent presumably due to the applicant's own stance, in correspondence with the Registrar, that heads had not been necessary in the initial chamber application.
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Appealed
SC46-18 : CITY OF HARARE vs TAWANDA MUKUNGURUTSE and PATRICK CHIKOHORA and CLEDWYN MUTETE and MINISTER OF LOCAL GOVERNMENT PUBLIC WORKS AND NATIONAL HOUSING
Ruled By: GARWE JA, GUVAVA JA and ZIYAMBI AJA

On the question of costs, the respondents' success on appeal should normally carry with it an award of costs. However, for the reasons given by the court a quo, and set out below, which sentiments I endorse, I will order each party to pay its own costs. The learned Judge said the following: “In a nutshell, ...
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HH558-16 : TAWANDA MUKUNGURUTSE and PATRICK CHIKOHORA and CLEDWYN MUTETE vs CITY OF HARARE and MINISTER OF LOCAL GOVERNMENT RURAL AND URBAN DEVELOPMENT
Ruled By: TAGU J

It must be noted however, that the person who allocated the land on which the applicants illegally built their houses is not the City of Harare who is cited as the first respondent. The applicants were illegally allocated the said land by a co-operative. The said cooperative was served with notifications by the first respondent, as per ...
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Appealed
SC49-18 : RICHARD SIBANDA and JONAH MUDONDO and L. D. MATEZA vs THE APOSTOLIC FAITH MISSION OF PORTLAND OREGON (SOUTHERN AFRICAN HQ) INC.
Ruled By: GOWORA JA, HLATSHWAYO JA and UCHENA AJA

A party who is suspended from an organisation must, in the first place, legally confront such suspension instead of resorting to the devious ruse of challenging the locus standi of such organisation or any person appointed in their stead, in order to escape judicial scrutiny of their conduct.
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HH463-15 : APOSTOLIC FAITH MISSION OF PORTLAND OREGON (SOUTHERN AFRICAN HQ) vs REV. RICHARD SIBANDA and JONAH MUNONDO and REV. L.D MATEZA and JULIUS T MATOPE
Ruled By: DUBE J

The applicant maintains that the respondents have violated scriptural doctrine by litigating, and, for that matter, in secular courts. I must observe that the applicant appears to have fallen foul of the same misdemeanour complained against it. It has also sought redress in the same 'secular courts'.
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HH250-18 : WIDE FREE (PVT) LTD t/a CORE SOLUTIONS vs MEIKLES LTD
Ruled By: MUREMBA J

In conclusion, refusing to recognize the award in the present case will be allowing the respondent to take advantage of the situation it deliberately engineered. It deliberately chose not to proceed with the matter despite being given an opportunity to present its case.
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HB137-16 : TETRACH ENTERPRISES (PVT) LTD vs IRVINE MANHIRE and TECHMATE ENGINEERING (PVT) LTD and MUNICIPALITY OF KWEKWE
Ruled By: MATHONSI J

The applicant seems to be hiding behind a finger, not a very effective instrument for cover, and is obviously taking advantage of an insignificant error in records to try and reverse what is, on the face of it, a genuine sale. There must have been a reason for the parties to record the name of the seller ...
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CC10-19 : THE STATE vs WILLARD CHOKURAMBA (JUSTICE FOR CHILDREN'S TRUST INTERVENING AS AMICUS CURIAE and ZIMBABWE LAWYERS FOR HUMAN RIGHTS INTERVENING AS AMICUS CURIAE)
Ruled By: CHIDYAUSIKU CJ, MALABA DCJ, ZIYAMBI JCC, GWAUNZA JCC, HLATSHWAYO JCC, MAVANGIRA JCC, BHUNU JCC, UCHENA JCC and MAKONI AJCC

The use of unauthorized means cannot be justified on the basis of the legitimate objective sought to be achieved….,. In Ex parte Attorney-General, Namibia In Re Corporal Punishment by Organs of the State 1991 (3) SA 76 (Nm. SC)…, MAHOMED AJA…, said: “…., Means otherwise un-authorised by the law do not become authorised simply because they seek to ...
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HH198-16 : TANIA ROCHE (as Curator Bonis of Anita Bruk-Jackson) vs IAN MIDDLETON (as Testamentary Executor to Estate Late Chester Bruk-Jackson) and THE MASTER OF THE HIGH COURT
Ruled By: CHITAKUNYE J

The applicant's claim that the estates were merged is also defeated by her own action upon being appointed curator bonis. It is common cause that upon being appointed curator in 2013 she disposed of the only immovable property that was solely owned by Anita June Bruk-Jackson. After the disposal she then had a misunderstanding with the executor of the estate ...
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HH461-15 : PATTERSON TIMBA vs REGGIE SARUCHERA N.O. and RESERVES BANK OF ZIMBABWE and NATIONAL SOCIAL SECURITY AUTHORITY and RENNAISSANCE FINANCIAL HOLDINGS LTD and RENAISSANCE MERCHANT BANK LTD
Ruled By: MAKONI J

Counsel for the applicant submitted that the first respondent was cited in his official capacity. The post was removed, therefore, he ceases to be before the court. There in no-one to insist on costs. He referred the court to Gariya Safairs (Pvt) Ltd v Van Wyk 1996 (2) ZLR 246 (HC). A party claims for costs because he ...
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HH273-16 : KINGDOM BANK LIMITED vs THE RIGHT INVESTMENTS (PVT) LTD and OPIUM INVESTMENTS (PVT) LTD and PHILLIPA COUMBIS
Ruled By: CHAREWA J

The plaintiff does not deny that all the loan agreements state that the principal debtor is Stir Crazy Group of Companies but avers that this was a non-material error common to the parties and which does not vitiate their consensus….,. Further, the plaintiff avers that the defendants are the authors of the error and cannot use it ...
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HH43-09 : ZIMBABWE OPEN UNIVERSITY vs DR. O MAZOMBWE
Ruled By: HLATSHWAYO J

The applicant seeks an order setting aside the registration of an arbitral award granted in favour of the respondent. The award was submitted for registration at the High Court in terms of the provisions of the Labour Act [Chapter 28:01] and was duly registered on 25 February 2008. The applicant submits that the registration of the award ...
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HB02-12 : MUNICIPALITY OF VICTORIA FALLS vs LOIDA NYATHI and 11 OTHERS
Ruled By: NDOU J

These are twelve cases, which were consolidated into two matters, which were heard at the same time.For easy reference, the one matter involved what may be called the ZimSun houses (five (5) defendants under HC2224/08). The five defendants being Alice Ndlovu, Sivumo Ndlovu, Kambarachi Zex Raura, Freda Khumalo and Simolita ...
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HH53-09 : ZIMBABWE ALLIED GROUP LTD vs MILDRED AND MATHIAS (PVT) LTD
Ruled By: MAKONI J

In its heads of argument, the respondent raised three points in limine. The first point was that the application for summary judgment was still pending on the basis that the applicant had not tendered costs. The second one was that the present application was not supported by a founding affidavit but by a supporting affidavit. The third ...
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HH241-18 : CLOVER LEAF MOTORS GROUP (PRIVATE) LIMITED vs BUTHOLEZWE ZHOU and PATRICE SHAYAMANO
Ruled By: CHITAKUNYE J

This is an application for the return of the applicant's motor vehicles that it had issued to the respondents during the tenancy of their employment with the applicant. The two respondents were employed by the applicant as Group Accountant and Branch Accountant respectively until 31 October 2015 when their services were terminated on notice. During the tenancy ...
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HH223-15 : ZIMBABWE SUGAR MILLING INDUSTRY WORKERS UNION (ZSMIWU) vs ALFRED MAKWARIMBA and KENNIAS SHAMUYARIRA and ELIAS MADZIVA and FREEDOM MUDUNGWE and OTHERS
Ruled By: MANGOTA J

The applicant represents workers in the sugar industry. It allegedly carries a membership of 16,000 workers. It is an affiliate of the Zimbabwe Federation of Trade Unions…,.The National Executive Committee is the applicant's governing body. The committee manages the affairs of the applicant. Its elected office bearers comprise:(a) The President;(b) ...
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HH226-15 : VALLEY MINING PL and ISAAC NJAINJAI and OTHERS vs AFRICAN BANKING CORPORATION t/a BANC ABC and MIRIRAI WASHAYA and SHERIFF OF ZIMBABWE and REGISTRAR OF DEEDS
Ruled By: ZHOU J

The applicants' immovable property, Stand 650 Borrowdale Township of Stand 10 of Lot C Borrowdale Estate, also known as 21B Crowhill Avenue, Borrowdale, Harare, was attached in execution of a judgment of this court granted in Case No. HC5872/12.The judgment was given in favour of the first respondent and against ...
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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 ...
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SC62-20 : THANDO NCUBE vs FIDELITY PRINTERS AND REFINERIES (PRIVATE) LIMITED
Ruled By: MAKARAU JA

This is an application for leave to appeal against a decision of the Labour Court, handed down on 27 October 2014, dismissing with costs, an appeal to that court against a decision of the respondent dismissing the appellant from employment.Leave to appeal was denied by the Labour Court on the ...
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