Law Portal
Zimbabwe

Welcome To Law Portal

Welcome, Guest!
[Help?]

Appeal, Leave to Appeal, Leave to Execute Pending Appeal re: Suspension of Orders Pending Appeal & Quasi-Judicial Rulings

HH205-10 : AFRICA CONSOLIDATED RESOURCES (PVT) LIMITED AND FOUR OTHERS vs MINISTER OF MINES AND MINING DEVELOPMENT AND TWO OTHERS
Ruled By: HUNGWE J

The second and third respondents noted an appeal to the Supreme Court. They made a chamber application under SC230/09 seeking to set aside paragraph 7 of the above order. In SC01-10 the Supreme Court issued an order effectively setting aside that paragraph. The appeal is, however, still pending in the Supreme Court.
More

HH22-08 : SHAUN MANDAA KUDINGA vs RODGERS DHLIWAYO AND THE CHAIRMAN, RENT BOARD
Ruled By: MAKARAU JP

It appears to me the settled approach of this court that the common law principle to the effect that the noting of an appeal suspends the decision appealed against only applies to judgments of superior courts. (See PTC v Mahachi (2) HH183-98; Vengesai Others v Zimbabwe Glass Industries Ltd 1998 (2) ...
More

HH30-12 : VARAIDZO MATEKO vs ZENUS BANDA
Ruled By: MAVANGIRA J

In Net One Cellular (Pvt) Ltd v Net One Employees Anor 2005 (1) ZLR 275 (S)..., CHIDYAUSIKU CJ stated: "...,. The employees, after registering the arbitrator's award with the High Court, should have applied for leave to execute after the noting of an appeal. In this regard CORBETT JA in South Cape Corporation ...
More

HH30-12 : VARAIDZO MATEKO vs ZENUS BANDA
Ruled By: MAVANGIRA J

In Econet v Telecel Zimbabwe (Pvt) Ltd 1998 (1) ZLR 149H..., SMITH J stated: "In this country, as in South Africa, the noting of an appeal in a civil case automatically suspends the execution of any judgment or order granted by the court of first instance. In South Cape Corp. v Engineering Management Services 1977 ...
More

HH130-09 : INVICTUS (PRIVATE) LIMITED vs SCHALK LESSING
Ruled By: GOWORA J

The applicant herein is the registered owner of an immovable property commonly known as 425 Dandaro Village. The applicant has owned the property since April 2004. In this matter, the applicant is seeking the eviction of the respondent from the premises. The respondent is opposed to the granting of the relief being sought. The respondent, in seeking to ...
More

HH131-09 : MAIROS LISIMBA vs LIZZY CHIPENDO
Ruled By: CHITAKUNYE J

On 16 March 2007, and at Harare, the applicant entered into a sale agreement with Gatsikanayi Enock Nyamupanda (herein after referred to as Nyamupanda) for the purchase of a certain piece of land being Stand Number 9642 A Salisbury Township also known as Number 2 Umuguza Close, Wilmington Park, Cranborne, Harare, held under Deed of Transfer ...
More

HB110-09 : EDGARS STORE LIMITED vs RAMSON (PVT) LTD and BHIMJI INVESTMENTS (PVT)LTD and THE MESSENGER OF COURT, HARARE
Ruled By: NDOU J

The second point in limine is - Whether this matter was properly before the court The salient facts in this regard are the following. The first and second respondents filed a court application at the Harare Magistrates Court seeking vacation of premises of the applicant from them on or before 31 July 2009. The applicant did not instruct its legal ...
More

HH04-10 : MYDALE INTERNATIONAL MARKETING (PVT) LTD vs DR ROB KELLY and HAMMER AND TONGUES (PVT) LTD
Ruled By: GOWORA J

The first respondent herein had, under Case No. HC1049/09, instituted proceedings against the applicant and second respondent herein. On 30 March 2009, OMERJEE J issued an order as follows:“IT IS ORDERED THAT:1. Mydale International Marketing (Pvt) Ltd is entitled to receive from the second respondent and have in its custody ...
More

SC72-14 : STREAMSLEAGH INVESTMENTS (PRIVATE) LIMITED vs AUTOBAND INVESTMENTS (PRIVATE) LIMITED
Ruled By: GARWE JA

In a matter involving the same parties, this Court, in SC43-14 (per GOWORA JA, with MALABA DCJ and GARWE JA concurring) allowed with costs the appeal noted by Streamsleagh Investments (Pvt) Ltd (“the applicant”), set aside the judgment of the court a quo and in its place issued the following order: “(a) The eviction order ...
More

HH152-10 : MARATHON GROUP OF COMPANIES T/A HARRISON AND HUGHSON (PVT) LTD vs ALSTOM ZIMBABWE (PVT) LTD and MESSENGER OF COURT, HARARE
Ruled By: MUTEMA J

This is an urgent chamber application for a provisional order whose interim relief sought was couched in these terms:“1. That the second respondent be and is hereby ordered to stay ejectment of applicant from the premises known as 93 Coventry Road, Harare pending the hearing of this urgent application for ...
More

HH263-10 : RITENOTE PRINTERS (PRIVATE) LIMITED vs ADAM AND COMPANY and MESSENGER OF COURT
Ruled By: GOWORA J

Counsel for the applicant submitted that the noting of the appeal to this court against the judgment of the Magistrates Court hence the need for a judgment creditor to obtain leave to execute pending appeal. The common law position is that superior courts have an inherent jurisdiction to regulate their own procedures and process. A ...
More

HH343-13 : CHEMATRON PRODUCTS [PVT] LTD vs TENDA TRANSPORT [PVT] LTD and REGISTRAR OF DEEDS
Ruled By: MAFUSIRE J

In this country, unless otherwise provided, the noting of an appeal automatically suspends the execution of the judgment or decision appealed against: Wood NO v Edwards Anor 1966 RLR 336 (G) (per LEWIS J). It is the same in South Africa: Oliphant's Tin 'B' Syndicate v de Jager 1912 AD 474…,. ; ...
More

HH156-11 : TENDAI BITI vs SUPERINTENDENT MAJUTA and ASSISTANT COMMISSIONER NYATHI and COMMISSIONER GENERAL CHIHURI and ECONET WIRELESS ZIMBABWE LIMITED
Ruled By: BHUNU J

The main thrust of the applicant's argument is, however, based on the common law rules enunciated in the case of Phiri Others v Industrial Steel and Pipe (Pvt) Ltd 1996 (1) ZLR 45 (S) to the effect that the noting of an appeal suspends the decision appealed against. That case should, however, ...
More

HH285-14 : M vs M
Ruled By: CHITAKUNYE J

1….,. 2. …,. 3. …,. 4. …,.5. That this order remains effective notwithstanding the noting of any appeal.
More

View Appeal
SC28-16 : ZIMBABWE REVENUE AUTHORITY vs PACKERS INTERNATIONAL (PRIVATE) LIMITED
Ruled By: ZIYAMBI JA, GOWORA JA and HLATSHWAYO JA

In determining the urgent application, the High Court found that the liability on the part of a registered operator under section 36 of the Value Added Tax Act [Chapter 23:12] remains extant and is not extinguished by the noting of an appeal unless the Commissioner directs that the obligation falls away pending finalisation of ...
More

SC15-11 : RITENOTE PRINTERS (PRIVATE) LIMITED vs A. ADAM and COMPANY and THE MESSENGER OF COURT, HARARE
Ruled By: CHIDYAUSIKU CJ

The facts of this case are common cause. They are as set out in the founding affidavit to this application and aptly summarised in the judgment of the learned Judge in the court a quo. They are as follows:- The first respondent (hereinafter referred to as "Adam Co") instituted an action in ...
More