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Civil Cases by bere j

HHB182-13 : THE STATE vs CONRAD SIBANDA and FANUEL NOTSA DUBE and QUIET SIBANDA and MPILOKAMLIMU NCUBE
Ruled By: BERE J

21-23 May 2006; 30 May 2006; 24-25 October 2006; 3-5 July 2007; 11 July 2007; 18 July 2007 and 18 December 2013 Procedural Law-viz rules of evidence re the language of record.

Appealed
HH94-12 : ERIC MUSUNDIRE vs OK ZIMBABWE
Ruled By: BERE J

28 February 2011; 1 March 2011, 7 October 2011 and 6 March 2012 Law of Contract-viz promotions.Procedural Law-viz rules of evidence re documentary evidence.Procedural Law-viz rules of evidence re unchallenged evidence.Procedural Law-viz rules ...

Appealed
HH78-13 : PATRICIA MANDALA vs GLENS REMOVALS & STORAGE ZIMBABWE (PRIVATE) LIMITED
Ruled By: BERE J

17 October 2011 and 18 October 2012, 14 February 2013 Damages-viz delictual damages.Damages-viz the principle of currency nominalism.Procedural Law-viz pleadings re amendment to pleadings iro amendment of claim.Damages-viz the principle ...

HH62-11 : LANCASHIRE STEEL (PRIVATE) LIMITED vs TONDERAI ZISENGWE and 430 OTHERS and THE DEPUTY SHERIFF N.O. KWEKWE
Ruled By: BERE J

1 March 2011 Procedural Law-viz citation re multiple litigants.Procedural Law-viz judicial attachment re execution of an order of court.Procedural Law-viz urgent chamber application ...

HH61-10 : WILLIAM WACHENUKA vs JOHN STRONG (PRIVATE) LIMITED and TOBS STRONG (PRIVATE) LIMITED and MINISTRY OF LANDS AGRICULTURE AND RESETTLEMENT
Ruled By: BERE J

23 and 24 March 2010 Procedural Law-viz urgent chamber application re urgency.Procedural Law-viz contempt of court.Procedural Law-viz jurisdiction re concurrent jurisdiction.Procedural Law-viz urgency re urgency ...

Appealed
HH58-10 : DRAWING SERVICES (PVT) LTD vs BETTY KANYUCHI
Ruled By: BERE J

3-4 September, 12-13, 19, 20 and 21 October 2009 and 3 March 2010 Procedural Law-viz rules of evidence re evidence on behalf of a corporate entity iro institutional memory.Law of Property-viz vindicatory action ...

HH57-12 : CENTRA (PVT) LTD vs PRALENE MOYAS and DEPUTY SHERIFF, HARARE
Ruled By: BERE J

31 January 2012 and 1 February 2012 Procedural Law-viz urgent chamber application.Labour Law-viz arbitration re registration of arbitral award.Legal Practitioners-viz professional ethics.Procedural Law-viz urgent application re urgency ...

Appealed
HH55-12 : STREAMSLEIGH INVESTMENTS (PRIVATE) LIMITED vs AUTOBAND INVESTMENTS (PRIVATE) LIMITED
Ruled By: BERE J

30 November 2011 and 6 February 2012 Procedural Law-viz urgent chamber application.Procedural Law-viz declaratory order.Procedural Law-viz declaratur.Procedural Law-viz forum shopping.Procedural Law-viz final orders re dismissal of a ...

HH55-10 : JEREMY STANDER vs NELTRA INVESTMENTS t/a DOUGLAS CAR SALES
Ruled By: BERE J

31 August, 2 September, 3 September, 8 September 2009 and 10 March 2010 Law of Contract-viz written agreement re warranties.Law of Contract-viz written agreement re representations.Law of Contract-viz written agreement re variation of ...

HH50-12 : CHEMATRON PRODUCTS ZIMBABWE (PVT) LTD vs TENDA TRANSPORT (PVT) LTD and REGISTRAR OF DEEDS
Ruled By: BERE J

16 and 18 February 2009; 20 February 2009 and 6 February 2012 Law of Contract-viz variation of contracts.Law of Contract-viz alteration of agreements.Law of Contract-viz specific performance re specific performance ex contractu.Damages-viz ...

HH50-11 : NATHAN MUSHAMBI vs ZIMPAPERS (1980) LIMITED
Ruled By: BERE J

14 February, 15 February and 16 February 2011 Delict Law-viz malicious prosecution.Damages-viz delictual damages re malicious prosecution.Procedural Law-viz absolution from the instance.Damages-viz assessment and evidence of damages re ...

HH49-14 : WILBERT MUNONYARA vs CBZ BANK LIMITED and SHERIFF OF THE HIGH COURT and REGISTRAR OF DEEDS
Ruled By: BERE J

30 January 2014 Procedural Law-viz urgent chamber application.Procedural Law-viz final orders re the principle of finality to litigation.Procedural Law-viz urgent application re urgency.

HH47-10 : MUNYARADZI CHIKUMBU vs VIOLET NHAMO
Ruled By: BERE J

15,16,17 and 25 February 2010 Procedural Law-viz rules of evidence re affidavits.Procedural Law-viz rules of evidence re admissions.Procedural Law-viz rules of evidence re documentary evidence ...

HH44-09 : BLESSMOE CHANAKIRA and AUXILIA DANAYI MYNYEZA vs MAI KAI REAL ESTATE DEVELOPMENT TRUST and BERNARD MUTANGA
Ruled By: BERE J

16 March and 20 March 2009 Procedural Law-viz pleadings re admissions iro Stated Case proceedings Procedural Law-viz pleadings re Stated Case proceedings iro Order 29 of ...

HH42-13 : JANUARY PEDZISAI vs MICHAEL HAMUTYINEYI and TAWANDA MUDZAMIRI and BISPRO INVESTMENTS (PVT) LTD
Ruled By: BERE J

6 and 8 February 2013 Agency Law-viz agent-principal relationship.Company Law-viz legal personality re separate legal personality from directors.Procedural Law-viz citation.Law of Contract-viz specific performance re ...

HH41-09 : NYASHA CHIKAFU vs DODHILL (PVT) LTD and SIMON KEEVIL and MINISTER OF LANDS AND RURAL RESETTLEMENT
Ruled By: BERE J

24 March and 25 March 2009 Law of Property-viz spoliation order.Law of Property-viz mandament van spolie.Procedural Law-viz appeal re leave to appeal.Procedural Law-viz appeal re leave ...

HH40-09 : DODHILL (PVT) LTD and SIMON KEEVIL vs THE MINISTER OF LANDS AND RURAL RESETTLEMENT and NYASHA CHIKAFU
Ruled By: BERE J

10 March and 16 March 2009 Procedural Law-viz urgent chamber application re spoliation order.Procedural Law-viz urgent application re mandament van spolie.Company Law-viz legal personality re citation ...

HH36-11 : GENESIS VENTURES (PRIVATE) LIMITED vs ROLMAY TRADING (PRIVATE) LIMITED and LARDFAIR TRADING (PRIVATE) LIMITED
Ruled By: BERE J

14, 15, 19 January 2009; 24, 25, 27 March 2009; 2 February 2011 Law of Contract-viz specific performance re specific performance ex contractu.Procedural Law-viz pleadings re withdrawal of pleadings.Procedural Law-viz rules of evidence ...

HH31-11 : ESTHER CHIYADZWA vs BETTY MAGUWU
Ruled By: BERE J

24, 26 and 28 January 2011 Law of Property-viz vindicatory action re eviction.Law of Property-viz rei vindicatio re eviction.Law of Property-viz vindicatory action re eviction iro ...

HH23-12 : AUSTIN ZVOMA vs LOVEMORE MOYO N.O. and NOMALANGA KHUMALO N.O .and BRIAN TSHUMA N.O. and SHEPPARD MUSHONGA N.O. and EDNA MADZONGWE N.O. and WILLIAS MADZIMURE N.O. and LYNETTE KARENYI N.O.
Ruled By: BERE J

21 and 30 December 2011 and 20 January 2012 Procedural Law-viz citation re party acting in an official capacity iro nominus officiae.Procedural Law-viz urgent chamber application.Constitutional Law-viz Parliamentary proceedings ...

HH23-09 : TUVIGARI INVESTMENTS (PRIVATE) LIMITED vs LUCY CHIREMBA (nee Gotora) AND TWO OTHERS
Ruled By: BERE J

6 February 2009 Law of Property-viz sale of mortgaged property.Procedural Law-viz default judgment re transfer of property.Procedural Law-viz rescission of judgment re snatching ...

HH22-09 : JONAH MUFUNDISI vs GLORIA RUSERE
Ruled By: BERE J

6 November 2008 Procedural Law-viz professional ethics.Procedural Law-viz interim interdict re rescission of order iro order granted in error.Procedural Law-viz rules of court ...

HH203-10 : SHEPHERD MURAHWI and DEBORAH MURAHWI and PETER SIGAUKE and OTHERS vs MS MAGWENZI and ARROSUM CONSTRUCTION (PVT) LTD and DIVINE HOMES (PVT) LTD and NICANOR ENTERPRISES (PVT) LTD
Ruled By: BERE J

13, 23, 24 and 25 August 2010 Procedural Law-viz provisional order re requirements for interim interdict.Procedural Law-viz final order re doctrine of effectiveness.Procedural Law-viz citation re joinder.Procedural ...

View Appeal
HH194-11 : ONISMO RUTSITO vs DELTA BEVERAGES, a division of DELTA CORPORATION LIMITED
Ruled By: BERE J

7, 8, 9 March 2011 Procedural Law-viz absolution from the instance.Law of Delict-viz negligence re liability iro commercial negligence.Procedural Law-viz rules of evidence re corroborative ...

HH191-10 : SHEPHERD MURAHWI and DEBORAH MURAHWI and PETER SIGAUKE and OTHERS vs MS MAGWENZI and ARROSUM CONSTRUCTION (PVT) LTD and DIVINE HOMES (PVT) LTD and NICANOR ENTERPRISES (PVT) LTD
Ruled By: BERE J

13, 23, 24 and 25 August 2010 Procedural Law-viz provisional order re real rights.Procedural Law-viz interim interdict re personal rights.Procedural Law-viz provisional order re urgent chamber application ...

HH190-10 : NGONI MUDEKUNYE and GLADYS CHAMUTSA and MASIMBA MUDEKUNYE and TAMBURIKA MUDEKUNYE vs AARON EVANS MUDEKUNYE and BERTHA MUDEKUNYE and DEPUTY SHERIFF CHIPINGE N.O.
Ruled By: BERE J

2nd and 3rd August 2010 Procedural Law-viz urgent chamber application.Procedural Law-viz stay of execution.Procedural Law-viz stay of execution re stay of execution pending application for ...

HH185-10 : MUHAMMAD ZAKIR vs CHIEF IMMIGRATION OFFICER and MINISTER OF HOME AFFAIRS
Ruled By: BERE J

13 August 2010 Procedural Law-viz urgent chamber application re urgency.Procedural Law-viz urgent chamber application re urgency iro liberty of an individual.Procedural Law-viz urgent ...

HH165-09 : WYNONAH O.M. SIMANGO-KANETA vs MOSES KUSENA and DEPUTY SHERIFF
Ruled By: BERE J

23 November 2009 Land Acquisition-viz offer letter.Procedural Law-viz interim order.Procedural Law-viz provisional order.Law of Property-viz claim of possession.Land Acquisition-viz claim of possession re ...

HH152-11 : CHENESAI RATEIWA vs TSITSI SHAME VENGE
Ruled By: BERE J

6 and 13 July 2011 Damages-viz delictual damages re adultery damages.Procedural Law-viz default judgment re failure to file opposing papers.Law of Delict-viz adultery.

HH148-09 : BOK ESTATES (PRIVATE) LIMITED vs HUBERT MASARA AND MR MASARA AND MR MAKANDA AND MINISTER OF STATE FOR NATIONAL SECURITY, LANDS, LAND REFORM AND SETTLEMENT
Ruled By: BERE J

5 December 2008 Procedural Law-viz urgency re averments made in the certificate of urgency.Procedural Law-viz urgency re averments made in the founding affidavit.Procedural ...

HH141-12 : JG CONSTRUCTION vs GRAEME CHADWICK AND DEPUTY SHERIFF
Ruled By: BERE J

21 and 26 March 2012 Procedural Law-viz appeals re jurisdiction iro granting of condonation in respect of a defective appeal.Procedural Law-viz urgent application re stay ...

HH121-10 : POWER COACH EXPRESS (PVT) LIMITED vs MARTIN MILLERS AND ENGINEERS
Ruled By: BERE J

15, 16 and 18 September 2009 and 21 July 2010 Law of Contract-viz specific performance.Damages-viz contractual damages.Law of Contract-viz specific performance re specific performance ex contractu.Law of Contract-viz specific performance ...

HH12-10 : In re: THE ESTATE OF THE LATE PATRICK MATIMURA vs X
Ruled By: BERE J

21 December 2009 and 18 January 2010 Procedural Law-viz rules of court re High Court Rules iro Rule 313.Procedural Law-viz High Court Rules re Rule 313 iro ...

HH119-13 : JOHN HAPAZARI vs GRANT PATERSON
Ruled By: BERE J

31 October 2012 and 27 March 2013 Land Acquisition-viz offer letters re eviction.Land Acquisition-viz offer letters re eviction iro lawful authority to occupy gazetted land.Procedural Law-viz rules ...

HH118-13 : MUNANDI ARCDEL & D-TROOP EMPLOYEES vs MUNANDI – ARCDEL & D-TROOP
Ruled By: BERE J

12 April 2013 Labour Law-viz labour arbitration re registration of arbitral award iro section 98(14) of the Labour Act.Labour Law-viz labour arbitration re ...

HH117-12 : EDSON MAKINA vs TIM JACKSON
Ruled By: BERE J

1 March 2012 Law of Contract-viz damages re proof of loss.Law of Contract-viz essential elements re delivery.

HH116-12 : EDGAR MAFEMERA vs ZAC CHIDAVAENZI AND THE MINISTER OF HOME AFFAIRS N.O
Ruled By: BERE J

24 November 2009 and 30 November 2011, and 5 March 2012 Law of Delict-viz damages re future medical expenses.Law of Delict-viz damages re general damages.Law of Delict-viz damages re special damages.Law ...

HH114-11 : TUNATEMORE PRINTERS (PVT) LIMITED vs ORAGPLATE (PVT) LIMITED
Ruled By: BERE J

25, 26, 27 November 2009, 1 December 2009 and 25 May 2011 Legal Practitioners-viz right of appearance before the court re right of appearance on behalf of a corporate body iro appearance ...

HH109-13 : HARARE AND DISTRICT HELLENIC COMMUNITY vs CREMION MAPFUMBA and ZIMBABWE ELECTRICITY AND TRANSMISSION AND DISTRIBUTION COMPANY and CITY OF HARARE
Ruled By: BERE J

7, 8 November 2012 and 27 March 2013 Law of Property-viz proof of title re immovable property.Procedural Law-viz rules of evidence re documentary evidence.Water Law-viz rights to water ...

HH109-09 : BERNARD VENGAYI vs DR GIDEON GONO AND BENJAMIN CHUMA AND NEW DONNINGTON FARM
Ruled By: BERE J

1 October 2009 Procedural Law-viz postponement of hearing re indulgence of the court.Procedural Law-viz postponement of trial re dilatory conduct of legal practitioner.Procedural ...

HH106-09 : DELIWE CHINYEMBA vs CHRISTINA MAJAWALA
Ruled By: BERE J

28 and 30 September 2009 Damages-viz contumelia.Damages-viz contumelia re assault.Damages-viz assessment of damages re tangible evidence.Procedural Law-viz pleadings re summary of evidence iro consistency.Procedural Law-viz ...

HH101-11 : HERENTALS COLLEGE (PRIVATE) LIMITED vs RELEASE POWER INVESTMENTS (PRIVATE) LIMITED and ONIYAS GUMBO and MR CHINYAMUCHIKO (In his capacity as the Headmaster of Cold Comfort Primary School)
Ruled By: BERE J

19 AND 20 May 2011 Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz urgent chamber application.Procedural Law-viz urgent application re urgency iro ...

HH101-09 : JULIET MUCHA vs PHILIMON MUCHA
Ruled By: BERE J

1, 2 and 8 October 2009 Property Law-viz vindicatory action re cattle iro credibility of evidence.Procedural Law-viz rules of evidence re closely related family members iro ...

HB61-09 : SARAH MLANGENI vs TREZIAH NDLOVU
Ruled By: BERE J

29 August 2006 and 21 May 2009 Procedural Law-viz urgent chamber application re notice of opposition.Procedural Law-viz notice of opposition re timing of filing of notice of ...

HB57-16 : HAMUTENDI KOMBAYI and OTHERS vs MINISTER OF LOCAL GOVERNMENTand PROVINCIAL ADMINISTRATOR, MIDLANDS PROVINCE and DR LUCKSON CHIKUMBIRIKE NO. and MR G. N KHOSA NO. and NICHOLAS MOYO NO.
Ruled By: BERE J

18 and 22 February 2016 Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz final orders re confirmation of a provisional order.Procedural Law-viz ...

HB38-11 : JONATHAN NATHANIEL MOYO vs JOHN LANDA NKOMO and DUMISO DABENGWA
Ruled By: BERE J

3 February 2011 Law of Delict-viz defamation.Damages-viz delictual damages re defamation damages.Damages-viz principle of currency nominalism.Damages-viz revalorization of debt.Procedural Law-viz pleadings re amendment ...

HB34-09 : NOKUKHANYA MOYO vs ROBERT MOYO
Ruled By: BERE J

14 February, 23 and 29 November 2006 and 14 January 2009 Family Law-viz decree of divorce re irretrievable breakdown of the marriage relationship.Family Law-viz decree of divorce re irreconcilable differences iro ...

HB147-16 : SAWA SECURITY (PVT) LTD t/a MALIGREEN MINE vs RESOURCES AND INVESTMENT (PVT) LTD
Ruled By: BERE J

7 June 2016 Law of Contract-viz debt re contractual debt iro services rendered.Procedural Law-viz rules of evidence re documentary evidence.Procedural Law-viz summary judgment.Law ...

HB144-16 : TEBEKWE SANDS PL vs MATOVU INVESTMENT PL (represented by Smelly Dube) and OFFICER COMMANDING MIDLANDS PROVINCE N.O. and PROVINCIAL MINING DIRECTOR MIDLANDS PROVINCE N.O.
Ruled By: BERE J

3 and 9 June 2016 Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz urgent chamber application.Procedural Law-viz contempt of court re Rule ...

HB107-16 : MUNETSI BLESSING MASEDEWE vs MANYARA MASEDEWE
Ruled By: BERE J

2 February and 8 April 2016 Procedural Law-viz urgent chamber application re stay of execution.Procedural Law-viz provisional order re interim interdict pendente lite.Family Law-viz maintenance re ...

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