Law Portal
Zimbabwe

Welcome To Law Portal

Welcome, Guest!
[Help?]

Appeal re: Dismissal of Appeal Without Hearing, Striking Out or Lapsing of Appeal and Reinstatement of Lapsed Appeal

SC32-15 : BINDURA MUNICIPALITY vs PAISON CHIKEYA MUGOGO
Ruled By: GUVAVA JA

This chamber application was placed before me in terms of Rule 5 of the Supreme Court Rules, 1964. Although it was unopposed it raised an issue concerning the interpretation of Practice Directive 3/13. BACKGROUND The appeal relating to this matter was set down before the Supreme Court on 5 September 2014. It was struck ...
More

SC02-15 : REMO INVESTMENT BROKERS (PRIVATE) LIMITED vs INTERFIN SECURITIES (PRIVATE) LIMITED
Ruled By: MAVANGIRA AJA

This is an application for dismissal of appeal brought in terms of Rule 36(1) as read with Rule 46(5) of the Rules of the Supreme Court, 1964. On 12 February 2014, the applicant obtained a judgment in its favour in case number HC3624/12 for the return of specified shares and share certificates. On 18 February ...
More

SC42-16 : SOUTHEND CARGO AIRLINES (PRIVATE) LIMITED and STEPHEN CHITUKU and PATIENCE CHITUKU vs INFRASTRUCTURE DEVELOPMENT BANK OF ZIMBABWE
Ruled By: BHUNU JA

This is a rather convoluted chamber application with no clear cut basis or rule of law upon which it is founded. The application was filed as a chamber application for reinstatement of the lapsed appeal under case number SC209/04 but ended up as an application for condonation of late noting of appeal.There being no ...
More

SC24-17 : MARVELLOUS TARUWONA vs COBRA SECURITY (PRIVATE) LIMITED and MISHECK ZVARIVADZA and TAPSON MADZIVIRE
Ruled By: GOWORA JA

On 27 September 2001, the High Court in Harare issued an order in terms of which it dismissed an application filed by the applicant herein against the three respondents. No reasons were provided by the learned judge in the court a quo. Despite this, the applicant noted an appeal against the judgment on ...
More

SC31-17 : FBC BANK LIMITED vs ROBERT CHIWANZA
Ruled By: GWAUNZA JA

In Chambers in terms of Rule 5 of the rules of the Supreme Court, 1964.This is an application for the reinstatement of an appeal.Factual BackgroundThe respondent was employed by the applicant as a Bank Teller. On 15 June 2014, the respondent was presented with a US$20= bill for the payment of US$12=. The respondent ...
More

SC34-17 : ZIMSLATE QUARTZITE (PRIVATE) LIMITED and ARMINCO INVESTMENTS (PRIVATE) LIMITED and TINASHE CHIMANIKIRE and MOHMED MAHMED vs CENTRAL AFRICAN BUILDING SOCIETY
Ruled By: ZIYAMBI AJA

Application for reinstatement of appeal. On 29 January 2016, the applicants noted an appeal against a judgment of the High Court dated 20 January 2016 in which the applicants were ordered, jointly and severally, the one paying the others to be absolved, to pay to the respondent the sum of US$324,815=49 plus ...
More

SC08-16 : CFI RETAIL (PRIVATE) LIMITED vs ERIC MANYIKA
Ruled By: MALABA DCJ, ZIYAMBI JA and GOWORA JA

At law, there cannot be a determination of an appeal without a hearing.
More

HH36-15 : LEE WAVERLY JOHN vs PRINCIPAL IMMIGRATION OFFICER and CO-MINISTERS OF HOME AFFAIRS
Ruled By: MUSAKWA J

This is an application to strike out the appeal noted by the respondents in case number 'CIV 'A'503/10 for being void. The first respondent previously declared the applicant a prohibited person in terms of section 21 as read with section 22(1) of the Immigration Act [Chapter 4:02]. The applicant lodged an appeal with the Magistrates ...
More

HB88-16 : SOLOMON MHENYU vs RUTH MLAUDZI
Ruled By: MATHONSI J

The applicant was ordered by the Magistrates Court sitting at Beitbridge to pay the respondent a sum of $9,800= by a judgment delivered on 28 January 2013. He lodged an appeal to this court on 1 February 2013. By letter dated 13 November 2015, which he says was received by his legal practitioners “sometime ...
More

SC61-18 : ILASHA MINING (PRIVATE) LIMITED vs YATAKALA TRADING (PRIVATE) LIMITED t/a VIKING HARDWARE DISTRIBUTORS
Ruled By: BHUNU JA

This is an application for re-instatement of the appellant's appeal deemed dismissed in terms of Rule 44(1) of the Supreme Court Rules, 1964 for failure to file heads of argument on time. The applicant was originally represented by Messrs Z Ncube Legal Practitioners in the main appeal but is now represented by Messrs Job Sibanda and Associates. The changeover ...
More

SC63-18 : SERGEANT MHANDE 04737T and CONSTABLE MHAKA 081215B vs CHAIRMAN OF THE POLICE SERVICE COMMISSION and COMMISSIONER GENERAL OF POLICE and MINISTER OF HOME AFFAIRS
Ruled By: BERE JA

This is a chamber application for re-instatement of appeal where the application seeks an order couched in the following terms:- “It is ordered that - 1. The application for reinstatement of appeal be and is hereby granted. 2. The applicants' appeal in SC753/17 be and is hereby reinstated. 3. The applicants' heads of argument in SC752/17, attached to this application, shall ...
More

SC72-18 : MEIKLES LIMITED vs WIDEFREE INVESTMENTS (PRIVATE) LIMITED T/A CORE SOLUTIONS
Ruled By: BERE JA

After perusing the papers and hearing counsel, on 27 July 2018, I granted the following order; It is ordered that: “The application for condonation and reinstatement of the appeal, in terms of Rule 70(2) of the Supreme Court Rules, 2018 be and is hereby dismissed with costs.” I have been requested to provide the reasons for my order. Here are they. The applicant ...
More

SC70-20 : CITY OF HARARE vs AMOS CHIKWANDA
Ruled By: BHUNU JA

This is an application for reinstatement of an appeal in terms of Rule 34(5) of the Supreme Court Rules, 1964.The brief facts giving rise to the application are that the applicant employed the respondent as its clerical officer.Sometime in October 2011, the respondent received and receipted a total amount of ...
More

SC27-18 : GETRUDE MUTASA and DIDYMUS MUTASA vs THE REGISTRAR OF SUPREME COURT and NYAKUTOMBWA MUGABE LEGAL COUNSEL and SHERIFF OF ZIMBABWE
Ruled By: GUVAVA JA

This is a chamber application made in terms of Rule 12 of the Supreme Court Rules, 1964.The brief background to this application may be summarised as follows:The applicants are husband and wife. They approached the court a quo, by way of urgent chamber application, seeking a stay of execution and ...
More

SC29-09 : BLUE RANGERS ESTATES (PVT) LTD vs JAMAYA MUDUVIRI and THE MINISTER OF LANDS AND RURAL RESETTLEMENT
Ruled By: MALABA DCJ

On 9 March 2009 the High Court made a spoliation order for the restoration of peaceful and undisturbed possession of Twyford Estate in Chegutu to the applicant at the same time directing the first respondent and all those claiming possession of the property through him to vacate the farm forthwith ...
More

SC78-21 : ZIMBABWE HOMELESS PEOPLES FEDERATION and OTHERS vs MINISTER OF LOCAL GOVERNMENT AND NATIONAL HOUSING and OTHERS
Ruled By: GARWE JA, MAVANGIRA JA and MATHONSI JA

After hearing argument from the parties, the High Court of Zimbabwe made an order dismissing the application filed by the appellants in terms of section 85(1) of the Constitution of Zimbabwe. The court also ordered the appellants to pay the costs of the application.This followed a finding by the court ...
More

SC83-21 : DOMBO CHIBANDA and PINGO KANDORORO and JOHN KANDWE vs CITY OF HARARE
Ruled By: HLATSHWAYO JA

This is a chamber application for condonation for failing to note an appeal within the prescribed time limits and extension of time within which to note an appeal in terms of Rule 43 of the Supreme Court Rules, 2018 (the Rules). The applicants seek an order in the following terms:1. ...
More

SC100-21 : PARKHAM ENTERPRISES (PVT) LTD and NYASHA MOTSI vs ADHESIVE PRODUCTS MANUFACTURES (PVT) LTD and THE MASTER OF THE HIGH COURT N.O.
Ruled By: CHITAKUNYE JA

This is an opposed chamber application for reinstatement of an appeal in terms of Rule 70(2) of the Supreme Court Rules 2018.The intended appeal is against the whole judgment of the High Court sitting at Bulawayo, handed down on 17 December 2020 in case number HC1314/20 judgment number HB12-21.THE FACTSOn ...
More

SC132-21 : FRANK BUYANGA SADIQI vs CHANTELLE MUTESWA and OTHERS
Ruled By: UCHENA JA

On 16 June 2021, I partly heard the applicant's chamber application for condonation and reinstatement of an appeal in terms of Rule 70(2) of the Supreme Court Rules 2018.On 11 May 2020, the applicant filed a notice of appeal, but failed to inspect the record within the time prescribed by ...
More

Back Main menu

Categories