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Constitutional Rights re: Women's Rights

HH39-09 : WARREN PARK TRUST vs ANTHONY PAHWARINGIRA and NTOMBIZODWA PAHWARINGIRA and DAVY MUTINGWENDE and CHIPO MUTINGWENDE and SALTANA ENTERPRISES PL
Ruled By: BHUNU J

The first and second respondents are husband and wife. The same applies to the third and fourth respondents.At the commencement of this hearing, the first and third respondents requested that their wives be excused from the hearing and that they be allowed to represent and speak on behalf of their ...
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HH287-14 : FRANCIS MAKANDIRASA MAZARURA vs RHODAH KATIVHU
Ruled By: MWAYERA J

Worth noting are provisions of section 80 of the Constitution of Zimbabwe on the rights of women. “(1) Every woman has full and equal dignity of the person with men and this includes equal opportunities in political, economic and social activities. (2) …,. (3) All laws, customs, traditions and cultural practices that infringe the rights of women conferred by ...
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HH314-14 : TERERAI MUGWADI vs MTANDAZO DUBE and ZIMBABWE NEWSPAPERS (1980) LIMITED and EDDIE DHLIWAYO
Ruled By: CHIGUMBA J

The basis of the article seems to be the first defendant's various encounters with the plaintiff at local nightspots and his bias towards young ladies who imbibe a particular brand of beer. Clearly, in his mind, such young ladies deserve to be labelled prostitutes, especially when they dance uncontrollably by themselves….,. Section 56 of our ...
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HB161-16 : SILIBAZISO MLOTSHWA vs DISTRICT ADMINISTRATOR, HWANGE N.O and SAUNDERS MLOTSHWA and MINISTER OF RURAL DEVELOPMENT, PRESERVATION & PROMOTION OF CULTURE N.O and PRESIDENT OF ZIMBABWE N.O
Ruled By: MATHONSI J

It is regrettable that the plaintiff's people have adopted a classicist position of preserving the male domination mentality, that only the masculine gender has capacity to hold leadership office, in a time capsule as something perfect, pure and unchanging in the face of constitutional imperatives, like section 56 of the Constitution, that men and women have ...
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Appealed
SC188-20 : GERALD CHIGWADA vs PENELOPE CHIGWADA and SHEPHERD KUSADA N.O. and MASTER OF THE HIGH COURT
Ruled By: MALABA CJ, GARWE JA, MAKARAU JA, GOWORA JA and BERE JA

This is an appeal against the whole judgment of the High Court.The question for determination is whether the law governing the property rights of married persons, or the law of testamentary disposition of estates, binds a testator to bequeath his or her right in an estate to the husband or ...
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HH755-15 : CHIKUDZA MANGWENDE vs LIBERTY MACHODO
Ruled By: UCHENA J and MWAYERA J

At the conclusion of the trial of this matter, the court a quo dismissed the claim for payment of the outstanding lobola.The court found that there was material breach of the very tenants of lobola.The court concluded that the appellant was not entitled to payment of the balance of lobola ...
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HH675-21 : RITA MBATHA vs FARAI ZIZHOU and CONFEDERATION OF ZIMBABWE INDUSTRIES
Ruled By: MAFUSIRE J

IntroductionThe plaintiff claims a default judgment for sexual harassment. She is unrepresented.The matter appeared on the unopposed motion roll on 20 October 2021. It was one of several such appearances. In the past, the matter would be removed from the roll for one reason or other. The matter has had ...
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HH37-16 : GEORGINA NJODZI vs LORRAINE MATIONE
Ruled By: MWAYERA J

Superior courts, inclusive of the High Court, have inherent jurisdiction to protect and regulate their own process and develop common law in so far as the interests of justice are maintained: see section 176 of the Constitution.In the case of Zimnat Insurance Company Limited v Chawanda 1990 (2) ZLR 143 ...
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HH668-14 : ELIZABETH TANYANYIWA vs LINDIWE HUCHU
Ruled By: CHIGUMBA J

Adultery is defined as "sexual intercourse between two persons of whom one or both are married but who are not married to each other":Sapsford v Sapsford and Furtado (1954) 2 All ER 373; P.M. BROMLEY and N.V. LOWE, Family Law, London, 7th ed. 1987…,; see also S.A. ADESANYA, Laws of ...
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Appealed
SC103-21 : IRENE MHLANGA vs MIKE MHLANGA
Ruled By: GWAUNZA DCJ, MATHONSI JA and CHITAKUNYE AJA

On 18 May 2021, at the conclusion of the hearing of this appeal, we dismissed the appeal with costs. We indicated that our reasons will follow in due course. These are the reasons.This is an appeal against the whole judgment of the High Court handed down on 23 July 2020 ...
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HB25-15 : DORCAS MHLANGA vs BENJAMIN PHAKATSHANE
Ruled By: MUTEMA J and MOYO J

The late Addison Mhlanga was of Malawian extraction who came and naturalized himself in Zimbabwe.He married one Dinah Ndlovu but did not have children. The two then adopted Esther Ncube (nee Nkala) as their child. Dinah Ndlovu pre-deceased Addison Mhlanga. Addison Mhlanga died intestate on 22 September 2003 at age ...
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View Appeal
HH485-20 : MIKE MHLANGA vs IRENE MHLANGA
Ruled By: CHIRAWU-MUGOMBA J

This matter falls squarely in the realm of the law of succession in Zimbabwe. The background is as follows:On the 24th of January 2014, the plaintiff issued summons against the defendant seeking the following relief:(a) Eviction of the defendant, and all those claiming through her, from House Number 1138 Section ...
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HH660-16 : IGNATIUS MASAMBA vs MERCY GORONGOZA
Ruled By: CHIGUMBA J

The matter came before me on the unopposed roll on 1 September 2016. I dismissed it on the basis that:(a) There is no cause of action, therefore, the relief sought is incompetent.(b) The papers are defective in that they do not comply with Order 32 of the Rules of this ...
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