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Civil Cases by kudya j

HHH142-11 : CLEMENCE NYONI vs THE STATE
Ruled By: KUDYA J

25 March 2011 Procedural Law-viz affidavits re founding affidavit iro deponent.Procedural Law-viz affidavits re deponent iro Rule 227(4).Procedural Law-viz rules of court re ...

HH99-18 : C F (PVT) LTD vs ZIMBABWE REVENUE AUTHORITY
Ruled By: KUDYA J

28 and 29 September 2015 and 26 February 2018 Tax Law-viz income tax assessment re objections iro section 62 of the Income Tax Act [Chapter 23:06].Procedural Law-viz cause of ...

HH93-10 : SHADRECK MUREHWA vs STEPHEN NYAMBUYA
Ruled By: KUDYA J

17 and 18 May and 2 June 2010 Defamation-viz damages re quantification of damages.Defamation-viz damages re assessment of damages.Defamation-viz oral utterances.Defamation-viz burden of proof.Defamation-viz retraction and apology re ...

Appealed
HH92-07 : PHAROAH B. MUSKWE vs DOUGLAS NYAJINA and MUNHUWEI G.T. and MINISTER OF LOCAL GOVERNMENT, NATIONAL HOUSING AND URBAN DEVELOPMENT N.O.
Ruled By: KUDYA J

23 May and 11, 12, 13, 14, 15 June and 10, 11, 12, 13 September and 22 October 2007 and 9 January 2008 Procedural Law-viz citation re party acting in an official capacity iro nominus officiae.Traditional Leadership-viz chieftainship.Procedural Law-viz declaratory order.Procedural Law-viz declaratur.Procedural ...

HH87-12 : MARVELLOUS TARUONA vs MISHECK ZVAREVADZA and OTHERS
Ruled By: KUDYA J

20 and 21 February 2012 Procedural Law-viz citation re party acting in an official capacity iro nominus officiae.Procedural Law-viz cause of action re special plea ...

Appealed
HH86-13 : GOLDEN MILLION ENGINEERING (PVT) LTD vs METTALON GOLD ZIMBABWE (PVT) LTD
Ruled By: KUDYA J

18 and 19 February and 27 March 2013 Law of Contract-viz debt re contractual debt.Law of Contract-viz debt re contractual debt iro supply of goods.Law of Contract-viz specific ...

HH85-09 : MARTIN GONDOKONDO (in his capacity as the guardian of Leobah Gondokondo) vs TAKROSE BUSES (PVT) LTD AND GORDON NGONIDZASHE MOYO
Ruled By: KUDYA J

20, 21, 24 and 29 July 2009 Procedural Law-viz citation re party acting in an official capacity iro guardian of minor.Delict Law-viz vicarious liability.Delict Law-viz negligence re ...

HH84-09 : LIZZIE MUKUMBA vs THE MINISTER OF HOME AFFAIRS and THE COMMISSIONER OF POLICE
Ruled By: KUDYA J

23, 24 and 29 July 2009 Law of Delict-viz contumelia re assault.Damages-viz delictual damages re contumelia.Damages-viz delictual damages re the principle of currency nominalism.Law of Delict-viz ...

HH823-15 : AT INTERNATIONAL LTD vs ZIMBABWE REVENUE AUTHORITY
Ruled By: KUDYA J

21 January and 21 October 2015 Tax Law-viz value added tax.Agency Law-viz agency relationship.Company Law-viz residence status of a company.Banking Law-viz quasi fiscal operations.Procedural Law-viz rules ...

HH76-09 : TIMOTHY CHINYADZA vs MELTON PHIRI
Ruled By: KUDYA J

29 and 30 June 2009 Law of Delict-viz adultery.Damages-viz adultery damages.Procedural Law-viz pleadings re amendment of pleadings.Procedural Law-viz pleadings re amendment to pleadings.Damages-viz the principle ...

HH728-17 : C R S (PVT) LTD vs ZIMBABWE REVENUE AUTHORITY
Ruled By: KUDYA J

14 September 2015 and 31 October 2017 Tax Law-viz income tax appeal.Tax Law-viz fiscal appeal.Tax Law-viz taxable income re non-existent income iro section 98 of the Income ...

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HH661-16 : M COMPANY (PVT) LTD vs ZIMBABWE REVENUE AUTHORITY
Ruled By: KUDYA J

11 and 31 October 2016 Tax Law-viz income tax appeal re section 65 of the Income Tax Act [Chapter 23:06].Procedural Law-viz rules of evidence re ...

Appealed
HH64-12 : SHADRECK MOYO AND 13 ORS vs J. LARRY HOFFMAN and CENTRAL AFRICAN BATTERIES (PVT) LTD
Ruled By: KUDYA J

15 and 16 February 2012 Legal Practitioners-viz right of audience before the court re self actors.Legal Practitioners-viz right of audience before the court re litigants ...

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HH61-12 : ZIMBABWE OPEN UNIVERSITY vs GIDEON MAGARAMOMBE and THE DEPUTY SHERIFF HARARE N.O.
Ruled By: KUDYA J

1 February 2012 Procedural Law-viz citation re party acting in an official capacity iro nominus officiae.Procedural Law-viz judicial attachment re stay of execution ...

HH50-13 : MADOCK CHIVASA vs AARON NYAMAYARO and LAWRENCE MOYO and ZIMBABWE NEWSPAPERS (1980) LTD
Ruled By: KUDYA J

28 January and 14 February 2013 Delict Law-viz defamation.Damages-viz delictual damages re defamation damages.Procedural Law-viz rules of evidence re documentary evidence.Procedural Law-viz rules of evidence re ...

HH47-08 : TSITSI MUZENDA vs PATRICK KOMBAYI and ZIMBABWE ELECTORAL COMMISSION
Ruled By: KUDYA J

6 and 10 June 2008 Electoral Law-viz electoral petition re section 167 of the Electoral Act [Chapter 2:13].Procedural Law-viz pleadings re non-pleaded issues iro matters ...

HH45-08 : HILLARY SIMBARASHE vs ZIMBABWE ELECTORAL COMMISSION and MABEL CHINOMONA
Ruled By: KUDYA J

5, 6 and 9 JUNE 2008 Electoral Law-viz electoral petition re prescription iro Electoral Court proceedings.Procedural Law-viz prescription re electoral proceedings.Procedural Law-viz jurisdiction re security for ...

HH430-12 : ZIMSEC EMPLOYEES vs ZIMSEC
Ruled By: KUDYA J

8 November 2012 Labour Law-viz collective bargaining agreement.Labour Law-viz arbitration re registration of arbitral award iro section 92 of the Labour Act [Chapter ...

HH43-13 : FORM SCAFF (PRIVATE) LIMITED vs CHARLES LINZI
Ruled By: KUDYA J

30 January and 1 February 2013 Procedural Law-viz rules of evidence re evidence on behalf of a corporate body.Procedural Law-viz rules of evidence re documentary evidence.Procedural ...

HH43-06 : ZIMBABWE DEVELOPMENT BANK vs NAGA SALONS and NYARAI CHIWAURA and BETTY CHIWAURA
Ruled By: KUDYA J

27 and 28 February and 5 April 2006 Law of Contract-viz debt re contractual debt.Procedural Law-viz pleadings re amendment of pleadings iro amendment to summons.Procedural Law-viz pleadings re ...

HH38-12 : PAUL CHIONISO MAWACHA AND CECILIA MAWACHA vs STERBY NHAMO AND INNOCENT NHAMO AN ANOTHER
Ruled By: KUDYA J

30 and 31 January and 2 February 2012 Law of Contract-viz sale of rights by cession iro essential elements.Law of Contract-viz sale of rights by cession re exchange ...

HH36-10 : BRANSON MARKETING (PRIVATE) LIMITED vs NATIONAL BLANKETS LIMITED
Ruled By: KUDYA J

4 and 17 February 2010 Procedural Law-viz appeal re leave to execute pending appeal.Procedural Law-viz appeal re leave to execute pending appeal iro judgment debt.Procedural ...

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HH314-16 : AS SCHOOL and CSS SCHOOL and SET COLLEGE and GST SCHOOL and SC COLLEGE and CB SCHOOL vs ZIMBABWE REVENUE AUTHORITY
Ruled By: KUDYA J

24 February 2015 and 20 May 2016 Procedural Law-viz consolidation of matters.Procedural Law-viz joinder of actions.Procedural Law-viz Stated Case proceedings re Statement of Agreed Facts.Procedural Law-viz Special ...

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HH281-10 : MINING INDUSTRY PENSION FUND vs DAB MARKETING (PRIVATE) LIMITED
Ruled By: KUDYA J

8 and 9 November and 29 December 2010 Law of Property-viz lease agreement re termination.Law of Property-viz agreement of lease re cancellation.Damages-viz holding over damages.Procedural Law-viz pleadings re ...

HH277-10 : BENCHILL INVESTMENTS (PVT) LTD vs BATTERY WORLD (PVT) LTD
Ruled By: KUDYA J

15 and 16 November 2010 Law of Contract-viz specific performance.Damages-viz contractual damages re alternative to a claim for specific performance.Procedural Law-viz rules of evidence re ...

HH268-10 : TOTAL ZIMBABWE (PRIVATE) LIMITED vs APPRECIATIVE INVESTMENTS (PRIVATE) LIMITED
Ruled By: KUDYA J

25, 26 October and 10 November and 1 December 2010 Law of Property-viz lease agreement re cancellation.Law of Property-viz agreement of lease re termination iro failure to pay rentals.Law of ...

HH230-10 : KWIK-PAK (PRIVATE) LIMITED vs EDWARD MASHIRINGWANI and SHEPHERD MAKONI
Ruled By: KUDYA J

4 November 2009 Procedural Law-viz urgent chamber application.Procedural Law-viz default judgment re no appearance by a litigant.Law of Property-viz spoliation order.Law of Property-viz ...

HH228-10 : CAROLINE MABAIRE vs SHEPHERD JAILOSI and THE MINISTRY OF TRANSPORT AND COMMUNICATIONS
Ruled By: KUDYA J

21 July and 13 October 2010 Procedural Law-viz Stated Case proceedings.Delict Law-viz vicarious liability.Delict Law-viz economic loss re road traffic accident iro domestic property damage.Delict ...

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HH215-10 : BERNARD VENGAI vs BENJAMIN CHUMA and NEW DONNINGTON FARM (PRIVATE) LIMITED
Ruled By: KUDYA J

7, 8 and 9 July and 29 September 2010 Delict Law-viz vicarious liability.Delict Law-viz economic loss re road traffic accident.Damages-viz delictual damages re economic loss iro road traffic accident.Damages-viz ...

Appealed
HH211-10 : VIRGINIA CHIKADAYA [in her capacity as The Executrix Dative of Cyril Chikadaya] vs CLADIOS CHENGA and ZAKEYO CHIKADAYA and BEAUTY MPOFU and REGISTRAR OF DEEDS
Ruled By: KUDYA J

21, 22, 29 June and 22 September 2010 Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz citation re substitution of a party.Law of Property-viz proof ...

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HH207-15 : G BANK ZIMBABWE LTD vs ZIMBABWE REVENUE AUTHORITY
Ruled By: KUDYA J

9 and 10 September 2014 and 27 February 2015 Tax Law-viz income tax appeal re section 65 of the Income Tax Act [Chapter 23:06].Procedural Law-viz rules of evidence re ...

HH202-10 : OBRIDGE ENTERPRISES (PVT) LTD vs PULWICK ENTERPRISES (PVT) LTD
Ruled By: KUDYA J

28 July and 6 September 2010 Law of Contract-viz debt re contractual debt.Procedural Law-viz pleadings re amendment to pleadings iro alteration of claim.Procedural Law-viz rules of ...

HH18-09 : PLAXEDES BIRI vs JOSEPH CHARLES TSURO and JOSEPHINE TSURO AND TWO OTHERS
Ruled By: KUDYA J

20 February 2009 Estate Law-viz rights of beneficiaries re unregistrered customary law union.Estate Law-viz beneficiaries re legal surviving spouse iro unregistered customary law ...

HH175-10 : CHIPO DERA vs CYNTHIA KAMBEZA
Ruled By: KUDYA J

12, 23 and 29 July 2010 Delict Law-viz adultery.Damages-viz adultery damages.Procedural Law-viz pleadings re amendment to pleadings.Delict Law-viz contumelia re adultery.Procedural Law-viz rules of evidence re ...

HH165-12 : MINING INDUSTYRY PENSION FUND vs FARTINGALE DESIGN (PVT) LTD AND LETINA UNDENGE
Ruled By: KUDYA J

7, 13-14 February, 13 March and 3- 4 April 2012 Law of Contract-viz whole agreement clause.Law of Property-viz lease re illegal agreement iro in pari delicto rule.Law of Property-viz lease ...

HH164-10 : KENNETH PATRICK McCOSH vs PIONEER CORPORATION AFRICA LIMITED
Ruled By: KUDYA J

14, 15 June and 28 July 2010 Law of Contract-viz debt re contractual.Labour Law-viz contract of employment re vested rights of ex employees.Labour Law-viz employment contract-viz termination ...

HH149-10 : FOOLPROOF ENTERPRISES (PRIVATE) LIMITED vs SURFACE INVESTMENTS (PRIVATE) LIMITED
Ruled By: KUDYA J

1 and 14 July 2010 Law of Contract-viz debt re services rendered.Law of Contract-viz representations re patent defects iro coal.Law of Contract-viz specific performance re ...

HH135-15 : D BANK LTD vs ZIMBABWE REVENUE AUTHORITY
Ruled By: KUDYA J

1 and 3 September 2014 and 11 February 2015 Tax Law-viz tax deductions re computer software under a licencing agreement.Procedural Law-viz rules of evidence re documentary evidence.Procedural Law-viz rules ...

HH133-10 : JAYESH SHAH vs AIR ZIMBABWE CORPORATION
Ruled By: KUDYA J

29 June and 1 July 2010 Procedural Law-viz plea of exception.Procedural Law-viz rules of evidence re further particulars.Procedural Law-viz cause of action.Procedural Law-viz proof of service ...

HH129-11 : STEPHEN ZINGWE vs SYNODIA GWANZURA (nee CHETENI) and PETTION ELTON GWANZURA
Ruled By: KUDYA J

22, 23 and 24 November 2010 and 24 and 25 January and 2 February and 22 June 2011 Law of Property-viz proof of title re immovable property.Law of Property-viz vindicatory action re eviction iro claim of right.Law of ...

HH128-06 : DOBROCK HOLDINGS (PVT) LTD and TURNER AND SONS (PVT) LTD vs TURNER AND SONS (PVT) LTD and ANTHONY TURNER and MARTIN KING and ZAMBEZI PADDLE STEAMER (PVT) LTD and DOBROCK (PVT) LTD
Ruled By: KUDYA J

13 July, 1 November and 6 December 2006 Procedural Law-viz joinder of actions.Procedural Law-viz consolidation of matters.Law of Contract-viz specific performance re specific performance ex contractu.Insolvency Law-viz provisional ...

HH126-09 : AMOS MUKOMBA vs ONGEGUND (PVT) LTD AND LAMECK GANDIDZANWA
Ruled By: KUDYA J

22 July, 28 and 29 September, 6 October and 11 November 2009 Law of Delict-viz road traffic accident re economic loss.Law of Delict-viz road traffic accident.Law of Delict-viz vicarious liability re road ...

HH125-10 : SNOCROSS INVESTMENTS (PVT) LTD vs IRVINES ZIMBABWE (PVT) LTD
Ruled By: KUDYA J

16, 17 and 30 June 2010 Procedural Law-viz rules of evidence re admissions.Law of Contract-viz debt re acceptance of liability.Law of Contract-viz debt re set off.Law ...

HH123-10 : SPORROW HAULIERS (PRIVATE) LIMITED t/a J & J TRANSPORT vs GILBERT MASVINGISE and FAXRIDGE (PRIVATE) LIMITED t/a MUKAHIWA HAULAGE
Ruled By: KUDYA J

24 May and 3, 10, 11 and 30 June 2010 Delict Law-viz vicarious liability.Damages-viz delictual damages re economic loss iro road traffic accident.Delict Law-viz negligence re road traffic accident.Procedural Law-viz ...

HH113-11 : ALSHAMS BUILDING MATERIAL t/a LLC (a company incorporated in the United Arab Emirates) vs TAPERA NYEMBA and CHRISTOPHER GOROMONZI and JOSPHAT SACHIKONYE
Ruled By: KUDYA J

27, 28 and 29 October, 11, 12 and 22 November 2010 and 1 June 2011 Law of Contract-viz debt re contractual debt.Law of Contract-viz debt re debt security iro Deed of Suretyship.Banking Law-viz exchange control ...

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HH113-06 : JOSHUA KADENGU and LAMECK KADENGU and ROSA KADENGU vs OLGA KADENGU (In her personal capacity and as guardian of her two minor children) and RICHARD CHIMBARU and MASTER OF THE HIGH COURT
Ruled By: KUDYA J

13 July and 1 November 2006 Procedural Law-viz cause of action re proceedings involving minors.Estate Law-viz rights of beneficiaries re testate succession iro variation of the ...

HH111-09 : ELLEN SIMON vs FUNDA SAIMON
Ruled By: KUDYA J

29 July, 15, 16 and 22 September and 28 October 2009 Law of Property-viz vindicatory action re claim of right.Law of Property-viz rei vindicatio re claim of right.Procedural Law-viz pleadings re ...

Appealed
HH11-12 : BRENNAN'S DIESEL SERVICES (PRIVATE) LIMITED vs TENDA BUS SERVICE (PRIVATE) LIMITED
Ruled By: KUDYA J

10 and 11 January 2012 Law of Contract-viz debt re contractual debt iro services rendered.Procedural Law-viz rules of evidence re evidence on behalf of a ...

HH06-09 : MARIA KATSIGA vs HILDA CHARLIE and NYASHA MACHAKAIRE and MASTER OF HIGH COURT and REGISTRAR OF DEEDS
Ruled By: KUDYA J

30-31 July and 10-12 November 2008 and 5 February 2009 Estate Law-viz division of estate property re distribution account iro setting aside of distribution account.Procedural Law-viz rules of evidence re ...

HH05-09 : MARION LYNDA RALPH vs CHRISTIAN VAN VUUREN
Ruled By: KUDYA J

22 January 2009 Family Law-viz guardianship re minors.Family Law-viz decree of divorce re section of the Matrimonial Causes Act [Chapter 5:13].Procedural Law-viz service ...

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