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Civil Cases by mafusire j

HMA54-19 : TANDIWE MHLANGA vs ZIMBABWE LAND COMMISSION and MINISTER OF LANDS, AGRICULTURE & RURAL RESETTLEMENT and MUNASHE SHOKO
Ruled By: MAFUSIRE J

2 February 2019 Procedural Law-viz citation re nominal interest party.Administrative Law-viz the exercise of administrative discretion.Law of Property-viz land acquisition re lawful authority ...

HMA52-19 : JUSTICE GUMBOCHUMA vs ZIMBABWE ELECTRICITY TRANSMISSION & DISTRIBUTION COMPANY
Ruled By: MAFUSIRE J

23 July 2019 Procedural Law-viz postponement of proceedings re postponement sine die.Procedural Law-viz deferment of a hearing re postponement sine die.Procedural Law-viz cause ...

HMA38-19 : BERRINGTON ZVANYANYA and OTHERS vs ZIMBABWE SUGAR MILLING INDUSTRY WORKERS UNION and OTHERS
Ruled By: MAFUSIRE J

23 May 2019 and 27 June 2019 Procedural Law-viz citation re multiple litigants.Procedural Law-viz citation re nominal parties.Procedural Law-viz cause of action re failure to file opposition ...

HMA37-18 : AMALGAMATED RURAL TEACHERS UNION OF ZIMBABWE [2] and OBERT MASARAURE vs ZIMBABWE AFRICAN NATIONAL UNION [PATRIOTIC FRONT] and MINISTER OF PRIMARY AND SECONDARY EDUCATION
Ruled By: MAFUSIRE J

16 and 17 July 2018 Procedural Law-viz urgent chamber application re leave to execute pending appeal.Procedural Law-viz appeal re leave to execute pending appeal.Procedural Law-viz ...

HMA36-18 : AMALGAMATED RURAL TEACHERS UNION OF ZIMBABWE vs OBERT MASARAURE and ZIMBABWE AFRICAN NATIONAL UNION [PATRIOTIC FRONT] and MINISTER OF PRIMARY AND SECONDARY EDUCATION
Ruled By: MAFUSIRE J

25 and 28 June 2018 Procedural Law-viz urgent chamber application.Procedural Law-viz locus standi re voluntary associations.Procedural Law-viz locus standi re un-incorporated associations.Procedural Law-viz rules of ...

HMA35-18 : NYAMUZARA ENTERPRISES [PVT] LTD vs LOVEMORE CHAPWANYA and ROBERT SHOPERAI and MUTOTI MUTOTI and MAPUTIRE BRIGHTON and THE SHERIFF OF THE HIGH COURT, MASVINGO N.O.
Ruled By: MAFUSIRE J

24 May 2018; 13 and 20 June 2018 Procedural Law-viz citation re party acting in an official capacity iro nominus officiae.Procedural Law-viz urgent chamber application re stay of ...

HMA34-18 : THE SHERIFF FOR ZIMBABWE vs RENSON MAHACHI and LEOMARCH ENGINEERING
Ruled By: MAFUSIRE J

13 June 2018 Procedural Law-viz judicial attachment re interpleader proceedings.Procedural Law-viz rules of evidence re onus iro burden of proof.Procedural Law-viz rules of ...

HMA31-17 : CHAMU MINING SYNDICATE vs SIBONGILE MPINDIWA N.O. and CHAMWANDOITA SYNDICATE
Ruled By: MAFUSIRE J

30 May 2017 and 21 June 2017 Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz opposing affidavit re deponent iro authority to defend legal ...

HMA30-17 : ICON ALLOYS [PVT] LTD and TEID HARDWARE [PVT] LTD vs ARAFAS MTAUSI GWARADZIMBA N.O. and SMM HOLDINGS [PVT] LTD and MASVINGO RURAL DISTRICT COUNCIL and SHERIFF FOR ZIMBABWE
Ruled By: MAFUSIRE J

13 March 2017 and 20 June 2017 Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz urgent chamber application re stay of execution iro interim ...

HMA22-18 : SIMBARASHE CHARUMA and PRINCE CHINDAWANDE vs THE REPUBLIC OF SOUTH AFRICA and THE MINISTER OF HOME AFFAIRS N.O.
Ruled By: MAFUSIRE J

1 and 13 February 2018; 9 March 2018 Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz rules of evidence re digital evidence iro CCTV camera ...

HMA19-17 : VENGAI RUSHWAYA vs NELSON BVUNGO and THE SHERIFF FOR ZIMBABWE N.O.
Ruled By: MAFUSIRE J

21 and 27 March 2017 Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz urgent chamber application re stay of execution.Procedural Law-viz interim ...

HMA18-19 : BRIAN GAVA vs CHAMISA MAWERE and CHAMPION CHAKANETSA (as Executor of Estate Late Claudio Chakanetsa) and MISHECK MIZEKE and MESSENGER OF COURT – GWERU and CITY OF GWERU and REGISTRAR OF DEEDS – BULAWAYO N.O.
Ruled By: MAFUSIRE J

31 January 2019 Procedural Law-viz citation re party acting in an official capacity iro nominus officiae.Procedural Law-viz citation re party acting in an ...

HMA17-17 : MAIN ROAD MOTORS (Case 1) and SYLVIA CHORUWA (Case 2) vs COMMISSIONER – GENERAL, ZIMRA
Ruled By: MAFUSIRE J

6 February 2017 and 17 March 2017 Procedural Law-viz urgent chamber application re interim interdict pendente lite.Procedural Law-viz consolidation of matters.Procedural Law-viz urgent application re stay of ...

HMA15-16 : ANCILLA RUFASHA vs BINDURA UNIVERSITY OF SCIENCE EDUCATION and THE VICE CHANCELLOR and THE REGISTRAR and THE DEAN OF FACULTY AND COMMERCE
Ruled By: MAFUSIRE J

2 and 28 December 2016 Procedural Law-viz urgent chamber application.Education Law-viz examinations.Administrative Law-viz administrative decisions re the audi alteram partem rule.Procedural Law-viz urgent chamber application ...

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HMA13-19 : CONCILIA CHINANZVAVANA vs MINISTER OF JUSTICE, LEGAL & PARLIAMENTARY AFFAIRS and OTHERS
Ruled By: MAFUSIRE J

31 January 2019: 15 February 2019 and 13 March 2019 Constitutional Law-viz body established by the Constitution re tenure of life.Procedural Law-viz rules of construction re ambiguous provisions iro intention ...

HMA12-18 : CONSTABLE CHIHWAI vs BOARD PRESIDENT N.O., CHIEF SUPERINTENDENT NYATHI M and COMMISSIONER GENERAL OF POLICE
Ruled By: MAFUSIRE J

18 January 2018 and 7 February 2018 Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz urgent chamber application.Procedural Law-viz cause of action re framing ...

HMA12-17 : BRIAN ANDREW CAWOOD vs ELASTO MADZINGIRA and THE MESSENGER OF COURT – MWENEZI N.O.
Ruled By: MAFUSIRE J

6 February 2017 and 6 March 2017 Procedural Law-viz urgent chamber application.Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz final orders re enforcement of ...

HMA07-17 : CHARLES MASANGO and GLORIA MASAWI vs MINISTER OF PRIMARY & SECONDARY EDUCATION N.O. and PUBLIC SERVICE COMMISSION and DISTRICT SCHOOLS INSPECTOR N.O.and HEADMASTER, CHINGOMA HIGH SCHOOL
Ruled By: MAFUSIRE J

14 and 17 February 2017 Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz urgent chamber application re stay of execution.Labour Law-viz employment ...

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HMA06-19 : WILLMORE MAKUMIRE vs MINISTER OF PUBLIC SERVICE, LABOUR & SOCIAL WELFARE and ATTORNEY GENERAL OF ZIMBABWE
Ruled By: MAFUSIRE J

27 August 2018 and 13 February 2019 Procedural Law-viz default judgment re failure to appear for hearing.Legal Practitioners-viz professional ethics.Constitutional Law-viz constitutionality of statutory provisions re Labour ...

HMA06-18 : PHILEMON MUTANGIRI and NYIKADZINO MUTATI and LYTON KAUNDA vs LEONARD MUTEMA t/a LEONARD TRADING and F. NAGO N.O. PROVINCIAL MAGISTRATE
Ruled By: MAFUSIRE J

23 and 31 January 2018 Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz review.Law of Property-viz spoliation order.Law of Property-viz mandament van ...

HMA01-19 : ANNA MAWARE vs EMMANUEL CHIWARE
Ruled By: MAFUSIRE J

29 and 30 October 2018; 7 January 2019 Family Law-viz division of assets of the spouses re unregistered customary law union.Procedural Law-viz rules of evidence re corroborative evidence.Procedural ...

HMA01-18 : MAIN ROAD MOTORS and SYLVIA CHORUWA and PATRICK MUGUTI vs ZIMBABWE REVENUE AUTHORITY and MINISTER OF FINANCE & ECONOMIC DEVELOPMENT and ATTORNEY GENERAL
Ruled By: MAFUSIRE J

26 and 31 October 2017 and 18 January 2018 Procedural Law-viz consolidation of matters.Procedural Law-viz joinder of actions.Procedural Law-viz cause of action re framing of draft orders.Constitutional Law-viz constitutionality ...

HHMA23-18 : THE STATE vs GABRIEL KAMUCHEPA
Ruled By: MAFUSIRE J

15 March 2018 Constitutional Law-viz constitutional rights re the right to legal representation iro section 163A of the Criminal Procedure and Evidence Act ...

HHMA20-18 : DUMISANI MOYO vs THE STATE
Ruled By: MAFUSIRE J

30 October 2017 and 28 February 2018 Extradition Law-viz section 28 of the Extradition Act [Chapter 9:08].Extradition Law-viz section 26 of the Extradition Act [Chapter 9:08].

HHMA08-16 : TAVONGA SHAVA vs THE STATE
Ruled By: MAFUSIRE J

3 and 8 November 2016 Constitutional Law-viz constitutionality of statutory provisions re the Criminal Procedure and Evidence Act iro section 115C of the Criminal Procedure ...

HHMA03-16 : THE STATE vs JEALOUS NEMARINGA and PATRICK MARUFU
Ruled By: MAFUSIRE J

3, 12 and 17 October 2016 Constitutional Law-viz Constitutional rights re personal liberty iro section 49(1)(b) of the Constitution.Constitutional Law-viz criminal arrest re statutory appearance before ...

HHH724-15 : PETER CHIKUMBA vs THE STATE
Ruled By: MAFUSIRE J

4, 8 and 9 September 2015 Procedural Law-viz appeal re leave to introduce new evidence on appeal.Procedural Law-viz appeal re leave to adduce fresh evidence on ...

HHH242-13 : LEE WAVERLEY JOHN vs THE STATE and SIMON RODGERS KACHAMBWA N.O.
Ruled By: MAFUSIRE J

1 and 7 August 2013 Procedural Law-viz citation re party acting in an official capacity iro nominee officii.Procedural Law-viz citation re party acting in an ...

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HH98-16 : VADAC PROPERTIES [PRIVATE] LIMITED vs CURE CHEM OVERSEAS [PRIVATE] LIMITED
Ruled By: MAFUSIRE J

22 September 2015; 13 November 2015 and 3 February 2016 Law of Property-viz lease agreement re damages to leased premises.Law of Property-viz agreement of lease re damages to leased property.Damages-viz ...

HH965-15 : CONPLANT TECHNOLOGY (PVT) LTD vs WENTSPRING INVESTMENTS (PVT) LTD
Ruled By: MAFUSIRE J

15 and 28 September 2015; 16 December 2015 Law of Contract-viz dispute resolution re arbitration clause.Procedural Law-viz jurisdiction re concurrent jurisdiction iro contractual jurisdictional ousting provisions.Procedural Law-viz cause ...

HH95-17 : THOMAS PASI vs WONDER MUSHURE and LINDA MADZIVAIDZE N.O. [Executrix Dative Estate Taurayi Madzivaidze] and LINDA MADZIVAIDZE and THE REGISTRAR OF DEEDS N.O. and MASTER OF THE HIGH COURT N.O.
Ruled By: MAFUSIRE J

22 March 2016 and 10 February 2017 Procedural Law-viz citation re party acting in an official capacity.Law of Property-viz proof of title to immovable property re registered ...

HH804-15 : PHINIAS MUNORWEI vs JEREMIAH MUZA and NYASHA MURASIKWA and MR NDAGURWA
Ruled By: MAFUSIRE J

27 and 28 July 2015; 4 and 13 August 2015; 14 October 2015 Damages-viz delictual damages re economic loss iro road traffic accident.Procedural Law-viz rules of evidence re prevaricative evidence.Law of Delict-viz negligence ...

HH709-15 : ODAR HOUSING DEVELOPMENT CONSORTIUM vs SENSENE INVESTMENTS (PVT) LTD and MINISTER OF LOCAL GOVERNMENT, PUBLIC WORKS AND NATIONAL HOUSING and ATTORNEY–GENERAL
Ruled By: MAFUSIRE J

23 and 24 July 2015; 21 August 2015 Procedural Law-viz urgent chamber application.Procedural Law-viz costs re punitive order of costs.Procedural Law-viz costs re punitive costs.Legal Practitioners-viz professional ethics.Procedural ...

HH689-15 : THE SHERIFF OF THE HIGH COURT vs MUNYARADZI MAJONI and PAULINA MAJONI and MANDY M MAJONI and JAMES GUMBI
Ruled By: MAFUSIRE J

15 July and 7 August 2015 Procedural Law-viz judicial attachment re interpleader proceedings.Procedural Law-viz final orders re ex tempore judgment iro entitlement of a litigating party ...

HH68-14 : FAIRDROP TRADING (PRIVATE) LIMITED vs THE ZIMBABWE REVENUE AUTHORITY
Ruled By: MAFUSIRE J

10, 13, 17 and 19 February 2014 Procedural Law-viz urgent chamber application.Tax Law-viz garnishee order re representative taxpayers.Tax Law-viz objections to tax assessments re section 62 of ...

HH675-21 : RITA MBATHA vs FARAI ZIZHOU and CONFEDERATION OF ZIMBABWE INDUSTRIES
Ruled By: MAFUSIRE J

20 October 2021 Procedural Law-viz pleadings re unopposed proceedings.Procedural Law-viz pleadings re unopposed proceedings iro default judgment.Law of Delict-viz liability re sexual harassment.Labour ...

HH667-15 : MARICK TRADING (PRIVATE) LIMITED vs OLD MUTUAL LIFE ASSURANCE COMPANY OF ZIMBABWE (PVT) LTD and THE SHERIFF FOR ZIMBABWE
Ruled By: MAFUSIRE J

13 and 31 July 2015 Legal Practitioners-viz professional ethics.Procedural Law-viz final orders re procedural irregularities iro discretion of the court to strike a matter from ...

HH631-15 : GOLDEN REEF MINING (PRIVATE) LIMITED and FERBIT INVESTMENTS (PRIVATE) LIMITED vs MNJIYA CONSULTING ENGINEERS (PTY) LIMITED and THE SHERIFF
Ruled By: MAFUSIRE J

13 and 20 July 2015 Procedural Law-viz urgent chamber application re stay of execution.Procedural Law-viz judicial attachment re stay of execution.Procedural Law-viz provisional order re ...

HH63-13 : BLESSMORE Z. MABVURAMITI vs ALTFIN INSURANCE COMPANY
Ruled By: MAFUSIRE J

26 February 2013 Procedural Law-viz default judgment.Law of Contract-viz specific performance re specific performance ex contractu.Insurance Law-viz indemnity insurance.Law of Contract-viz specific performance ...

HH60-15 : LOCAL AUTHORITIES PENSION FUND vs MUNYARADZI NYAKWAWA and JORAM ZIFUNZI and KINGSTON BUNGARE and EMMANUEL RAMUTSAMAYA and KINGDOM BANK LIMITED
Ruled By: MAFUSIRE J

28 October 2014 and 28 January 2015 Procedural Law-viz cause of action re exception.Law of Delict-viz negligence re vicarious liability.Law of Delict-viz negligence re professional negligence.Law of ...

HH572-14 : GLADYS MACHAWIRA vs PG INDUSTRIES (PRIVATE) LIMITED
Ruled By: MAFUSIRE J

16 September 2013 and 22 October 2014 Procedural Law-viz declaratory order.Procedural Law-viz declaratur.Legal Practitioners-viz professional ethics.Procedural Law-viz rules of evidence re documentary evidence.Labour Law-viz contract of employment ...

HH559-14 : BASE MINERALS ZIMBABWE (PVT) LTD and PETER VALENTINE vs CHIROSWA MINERALS (PVT) LTD and CHIROSWA SYNDICATE and JOHN GROVES
Ruled By: MAFUSIRE J

8 and 13 October 2014 Legal Practitioners-viz professional ethics.Legal Practitioners-viz correspondence with the court.Procedural Law-viz form of proceedings re chamber applications iro Rule 241 of ...

HH442-15 : DAVID WHITEHEAD TEXTILES LTD (represented by KNOWLEDGE HOFISI, in his capacity as Final Judicial Manager) vs JYOTSANAGEN KALA and LISTON CHAKUPA and MASTER OF THE HIGH COURT
Ruled By: MAFUSIRE J

7 and 11 May 2015 Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz citation re joinder iro Rule 87 of the High ...

HH420-15 : BRIGHTON MBERI vs SAVIOUS MBEWE and NORTON TOWN COUNCIL
Ruled By: MAFUSIRE J

7 and 30 April 2015 Law of Contract-viz specific performance re specific performance ex contractu.Law of Contract-viz purchase and sale re passing of ownership.Law of ...

HH40-15 : DAVID JOHN CARROLL vs STEELBASE ZIMBABWE (PRIVATE) LIMITED
Ruled By: MAFUSIRE J

14 and 19 January 2015 Labour Law-viz labour arbitration re registration of arbitral award iro section 98(14) of the Labour Act [Chapter 28:01].Legal Practitioners-viz right ...

HH38-15 : NMB BANK LIMITED vs MAXORCARTER (PRIVATE) LIMITED
Ruled By: MAFUSIRE J

13 and 16 January 2015 Procedural Law-viz final orders re ex tempore judgment.Procedural Law-viz final orders re dismissal of a matter for want of prosecution ...

HH377-15 : MISHECK MUZA vs REGGIE FRANCIS SARUCHERA (as liquidator of J. W. Jaggers Wholesalers PL) and PRICES TRUST and MASTER OF THE HIGH COURT and REGISTRAR OF DEEDS
Ruled By: MAFUSIRE J

2 and 15 April 2015 Procedural Law-viz citation re party acting in an official capacity.Labour Law-viz contract of employment re unlawful retention of employment benefits.Law ...

Appealed
HH377-13 : KENNEDY GODWIN MANGENJE vs TBIC INVESTMENTS [PVT] LTD and FOUR OTHERS [Case 1] and MINISTER OF LANDS & RURAL RESETTLEMENT & 3 OTHERS [Case 2]
Ruled By: MAFUSIRE J

19 September 2013 and 30 October 2013 Procedural Law-viz consolidation of matters.Legal Practitioners-viz professional ethics.Legal Practitioners-viz right of audience before the court re conflict of interest.Legal Practitioners-viz ...

HH37-15 : CALEB SITHOLE vs KINGSTONS HOLDINGS LIMITED
Ruled By: MAFUSIRE J

13 and 16 January 2015 Procedural Law-viz contempt of court.Procedural Law-viz service of court process re persons upon whom service is effected iro proceedings affecting ...

HH353-14 : ZIMBABWE LAWYERS FOR HUMAN RIGHTS vs MINISTER OF TRANSPORT N.O. and ZIMBABWE NATIONAL ROAD ADMINISTRATION and ATTORNEY – GENERAL OF ZIMBABWE N.O.
Ruled By: MAFUSIRE J

11 July 2014 and 14 July 2014 Procedural Law-viz citation re party acting in an official capacity iro nominee officii.Procedural Law-viz citation re party acting in an ...

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