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Civil Cases by makonese j

HHB67-15 : THE STATE vs QINISO SIBANDA
Ruled By: MAKONESE J

10 March 2015 Family Law-viz domestic violence re murder iro chastisement of juveniles.Family Law-viz domestic violence re murder iro enforcement of discipline on ...

HHB16-16 : ARNOLD SHAVA vs THE STATE and STORY RUSHAMBWA (N.O.)
Ruled By: MAKONESE J

11 February 2016 Procedural Law-viz review re section 26 of the High Court Act [Chapter 7:06] iro record of proceedings.Procedural Law-viz citation re ...

HHB129-17 : THE STATE vs AGNES CHIPIKA
Ruled By: MAKONESE J

17 May 2017 Family Law-viz domestic violence re juvenile corporal punishment.Family Law-viz domestic violence re enforcement of discipline of minors.Family Law-viz domestic violence ...

HHB125-16 : THE PROSECUTOR GENERAL OF ZIMBABWE vs TENDAI CHINEMBIRI
Ruled By: MAKONESE J

17 and 19 May 2016 Procedural Law-viz appeal re leave to appeal.Constitutional Law-viz Constitutional rights re the right to a fair trial iro section 69 ...

HB99-14 : ELLEN MAJOLA vs BEKEZELA NYONI
Ruled By: MAKONESE J

25 March, 9, 17, 26 June 2014 and 3 July 2014 Law of Property-viz vindicatory action re eviction.Law of Property-viz rei vindicatio re eviction.Procedural Law-viz disputes of fact re referral of ...

HB94-16 : ARENEL SWEETS AND BISCUITS (PVT) LTD vs ALEXANDER FORBES RISKS SERVICES ZIMBABWE
Ruled By: MAKONESE J

4 and 24 March 2016 Insurance Law-viz insurance broking.Procedural Law-viz cause of action re plea in bar.Procedural Law-viz cause of action re exception.Procedural Law-viz rules ...

HB88-13 : MARIA MANOLAKAKIS vs ESTATE LATE DR JOHN J. MANOLAKAKIS and ESTATE LATE EVANGELIA PATRINOS and IOANNIS IOANNIDIS and CONSTANDINOS PATRINOS and ROBERT BOWES and DEPUTY MASTER
Ruled By: MAKONESE J

31 June 2012 and 23 May 2013 Procedural Law-viz absolution from the instance.Estate Law-viz division of estate assets re rights of beneficiaries iro testate succession.Estate Law-viz distribution ...

HB87-16 : COLD STORAGE COMPANY LTD vs ADDITIONAL SHERIFF OF THE HIGH COURT – E.M. MAGARA N.O. and HOLLANDS REAL ESTATE and AHMED ESAT and TREVOR AND TALENT and REGISTRAR OF DEEDS
Ruled By: MAKONESE J

11, 16 and 24 March 2016 Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz urgent chamber application re stay of execution.Procedural Law-viz citation ...

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HB87-13 : SAMMY'S GROUP PL T/A KINGS AUCTION CENTRE vs JOHN MEYBURGH (NO) and NUGLO INVESTMENTS (PRIVATE) LIMITED and C.W ELECTRICAL (PRIVATE) LIMITED and REGISTRAR OF COMPANIES, N.O.
Ruled By: MAKONESE J

21 March 2013 and 16 May 2013 Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz exception.Procedural Law-viz consolidation of matters.Procedural Law-viz special plea.Law of ...

HB86-13 : GRACE SIBANDA vs MILDRED SIBANDA (NCUBE) and BONGANI NDLOVU and ASSISTANT MASTER OF THE HIGH COURT
Ruled By: MAKONESE J

3 November 2012 and 9 May 2013 Estate Law-viz division of estate property re lodging of objection to Distribution Account iro section 52(8) of the Administration of ...

HB83-16 : PROFERT ZIMBABWE (PVT) LTD vs MACDOM INVESTMENTS (PVT) LTD
Ruled By: MAKONESE J

4 and 17 March 2016 Insolvency Law-viz winding up re inability to pay debts iro section 206(f) of the Companies Act [Chapter 24:03].Insolvency Law-viz liquidation ...

HB82-15 : THULISANI NYAMAMBI vs BONGANI NCUBE
Ruled By: MAKONESE J

9 September 2014; 23, 24, 27 February and 30 April 2015 Procedural Law-viz declaratory order re declaration of rights of ownership.Procedural Law-viz declaratur re declaration of rights.Law of Property-viz proof of ...

HB76-13 : RURAL ELECTRIFICATION AGENCY vs CHARLES MASHEZHA and DEPUTY SHERIFF (BULAWAYO)
Ruled By: MAKONESE J

5 March and 28 March 2013 Procedural Law-viz urgent chamber application re stay of execution.Procedural Law-viz urgent application re urgency.Procedural Law-viz jurisdiction re judicial deference.

HB59-13 : COMMISSIONER GENERAL OF POLICE vs FARAI BASIL NYAPOKOTO
Ruled By: MAKONESE J

5 March and 14 March 2013 Procedural Law-viz urgent chamber application.Procedural Law-viz urgent application re stay of execution.Procedural Law-viz rules of evidence re documentary evidence.Procedural Law-viz ...

HB56-15 : GLADYS KARENGWA vs ALBERT MPOFU
Ruled By: MAKONESE J

2 March and 19 March 2015 Procedural Law-viz final orders re dismissal of a matter for want of prosecution iro Rule 236 of the High Court ...

HB54-13 : NKOSITHABILE MDLONGWA vs MLUNGISI NGWENYA
Ruled By: MAKONESE J

16 May 2012 and 7 March 2013 Procedural Law-viz automatic bar re failure to enter appearance to defend.Procedural Law-viz default judgment.Law of Delict-viz contumelia.Law of Delict-viz unlawful ...

HB48-14 : HERBERT SITHOLE vs PHARMACEUTICAL COUNCIL OF ZIMBABWE
Ruled By: MAKONESE J

20 March 2014 Education Law-viz examinations.Procedural Law-viz rules of evidence re documentary evidence.Administrative Law-viz administrative action re the principles of natural justice.

HB47-13 : OSCAR BOMA and LAMECK MWANZA vs COMMISSIONER GENERAL OF ZIMBABWE REPUBLIC POLICE and CHAIRMAN OF THE POLICE SERVICE COMMISSION
Ruled By: MAKONESE J

13, 15 and 28 February 2013 Labour Law-viz public service re police force.Procedural Law-viz civil review.Procedural Law-viz pleadings re amendment to pleadings iro amendment of draft ...

Appealed
HB42-14 : MINISTER OF HIGHER & TERTIARY EDUCATION vs BMA FASTENERS PL and CHRISTOPHER MASWI N.O (as Provisional Judicial Manager of BMA FASTENERS PL) and MASTER OF THE HIGH COURT OF ZIMBABWE N.O.
Ruled By: MAKONESE J

13 February and 20 February 2014 Procedural Law-viz citation re party acting in an official capacity.Insolvency Law-viz suing of a company under judicial management.Procedural Law-viz form ...

HB38-15 : SIBUCO TRADING (PVT) LTD and EDITH KATAMBARARE vs LEADERS (PVT) LTD and MESSENGER OF COURT
Ruled By: MAKONESE J

20 February and 26 February 2015 Procedural Law-viz directions of the court re Order 23 of the High Court Rules.Procedural Law-viz judicial directives re Order 23 ...

HB36-14 : PLAUDIT CHEMICALS CC vs AFRICAN ASSOCIATED MINES and SMM HOLDINGS (PRIVATE) LIMITED
Ruled By: MAKONESE J

31 January 2012, 19 September 2013 and 20 February 2014 Legal Practitioners-viz professional ethics.Law of Contract-viz debt re contractual debt.Procedural Law-viz rules of evidence re evidence on behalf of a ...

HB28-15 : SIMELENI DUBE vs CHRISTOPHER DUBE
Ruled By: MAKONESE J

11 February 2014 and 19 February 2015 Procedural Law-viz cause of action re abuse of process iro Rule 75 of the High Court Rules.Procedural Law-viz cause of ...

HB27-15 : MONICA DHLIWAYO vs BONGANI NDLOVU (as Executor Dative estate Late Jubane James Jack) and ESTATE LATE JUBANE JAMES JACK and CLEMENTINE JACK and DEPUTY MASTER OF THE HIGH COURT
Ruled By: MAKONESE J

20-21 January and 19 February 2015 Procedural Law-viz urgent chamber application re provisional order iro the anti-dissipation interdict.Procedural Law-viz urgent application re interim interdict iro the ...

HB257-16 : VILLAGE PROPERTIES (PVT) LTD vs REGGIE SARUCHERA (as Liquidator of 2nd respondent) and JW JAGGERS WHOLESALERS (PVT) LTD (in liquidation)
Ruled By: MAKONESE J

22 July and 13 October 2016 Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz interim interdict pendente lite.Law of Property-viz disputed assets re ...

HB253-16 : MBERIKUNASHE MASVIBO and 14 OTHERS vs TN HARLEQUIN LUXAIRE LIMITED
Ruled By: MAKONESE J

3 June and 6 October 2016 Procedural Law-viz declaratory order re consequential relief.Procedural Law-viz declaratur re consequential relief.Labour Law-viz employment contract re termination iro termination on ...

HB252-16 : ROBERT MAFU and 54 OTHERS vs AGRICULTURAL & RURAL DEVELOPMENT AUTHORITY (ARDA) and TREK PETROLEUM
Ruled By: MAKONESE J

29 September and 6 October 2016 Procedural Law-viz urgent chamber application.Law of Property-viz spoliation order.Law of Property-viz mandament van spolie.Procedural Law-viz urgent application re urgency iro ...

HB251-16 : BEKI SIBANDA vs VANSBURG DRUMGOLD ENTERPRISES and PROVINCIAL MINING DIRECTOR, MIDLANDS PROVINCE and SECRETARY FOR MINES & MINING DEVELOPMENT and MINISTER OF MINES & MINING DEVELOPMENT
Ruled By: MAKONESE J

27 September and 6 October 2016 Procedural Law-viz urgent chamber application re application for joinder.Procedural Law-viz citation re joinder iro Rule 87 of the High Court ...

HB242-16 : M O B CAPITAL (PVT) LTD vs TERERAI CHABATA and LYNETTE CHABATA and THE SHERIFF OF ZIMBABWE
Ruled By: MAKONESE J

12 July and 29 September 2016 Procedural Law-viz urgent chamber application re stay of execution.Procedural Law-viz automatic bar re default judgment.Procedural Law-viz automatic bar re upliftment ...

HB233-18 : THE SHERIFF OF ZIMBABWE vs SENITAL (PVT) LTD t/a FRANK B MINE and ZIMBABWE UNITED PASSENGER COMPANY LTD
Ruled By: MAKONESE J

20 July and 20 September 2018 Procedural Law-viz judicial attachment re interpleader proceedings iro Rule 208 of the High Court Rules.Law of Property-viz proof of title ...

HB18-15 : JULIET NHLIZIYO (N.O.) and ESTATE LATE HAROLD NHLIZIYO vs NOKUTHULA MOYO and ESTER KELLI (N.O.) and ESTATE LATE PREECE NHLIZIYO and ASSISTANT MASTER (N.O.) and CITY OF BULAWAYO
Ruled By: MAKONESE J

22-23 January and 5 February 2015 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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HB179-18 : YUSUF GAIBIE and MAHMOUD GAIBIE vs ALEXANDER CASTANHEIRA and RACHEL CASTANHEIRA
Ruled By: MAKONESE J

6 June and 5 July 2018 Procedural Law-viz absolution from the instance.Law of Contract-viz purchase and sale re purchase price iro payment terms.Law of Contract-viz variation ...

HB173-13 : NKOSINATHI SOLOMON ABU-BASUTU vs KHULUMANI MOYO
Ruled By: MAKONESE J

29 November and 12 December 2013 Procedural Law-viz default judgment.Procedural Law-viz automatic bar re failure to file opposing papers.Law of Delict-viz malicious prosecution.Law of Delict-viz malicious ...

HB158-13 : KERRIES ENGINEERING (PVT) LTD vs MAKOMO RESOURCES (PVT) LTD
Ruled By: MAKONESE J

7 and 28 November 2013 Law of Contract-viz debt re contractual debt iro services rendered.Law of Contract-viz contract of hire.Law of Contract-viz contract of hire ...

HB151-16 : CHRISTOPER MABHUNU vs THE COMMISSIONER GENERAL OF POLICE
Ruled By: MAKONESE J

20 May and 16 June 2016 Procedural Law-viz review.Labour Law-viz disciplinary hearings re police service.Procedural Law-viz rules of construction re inferiority of subsidiary legislation over an ...

HB143-16 : SIFISO KHUMALO vs SIHLESENKOSI NDLOVU and ZANELE NDOWA and POLKA EXECUTORS SERVICES PL and OFFICER IN CHARGE LUVEVE POLICE STATION and ASSISTANT MASTER OF THE HIGH COURT
Ruled By: MAKONESE J

1 and 9 June 2016 Procedural Law-viz urgent chamber application.Procedural Law-viz final orders re entitlement of a litigating party to written reasons for judgment.Procedural Law-viz ...

HB141-16 : REV. CLEMENT NYATHI and REV. JAMES MORRIS and OTHERS vs COMMISSIONER GENERAL ZIMBABWE REPUBLIC POLICE and OFFICER IN CHARGE NJUBE POLICE STATION and TONY TSHUMA and ELLIOT NCUBE
Ruled By: MAKONESE J

16 June 2015 and 3 June 2016 Procedural Law-viz urgent chamber application.Procedural Law-viz final orders re entitlement of a litigating party to written reasons for judgment.Procedural Law-viz ...

HB14-16 : DHERERAI MANYONI vs COMMISSIONER GENERAL OF POLICE and ASSISTANT COMMISSIONER GORA
Ruled By: MAKONESE J

16 November 2015 and 11 February 2016 Procedural Law-viz urgent chamber application re stay of execution.Procedural Law-viz urgent application re urgency iro Constitutional rights.Procedural Law-viz urgent chamber ...

HB134-15 : STANLEY NANZOMBE vs SICINGILE MASUKU (NEE MOYO) and THE SHERIFF OF ZIMBABWE and THE REGISTRAR OF DEEDS
Ruled By: MAKONESE J

23 June and 2 July 2015 Law of Contract-viz purchase and sale re nature of sale iro auction sale.Law of Property-viz passing of ownership re implied ...

HB129-15 : LIZNET MPOFU vs ENOCK B. MPOFU
Ruled By: MAKONESE J

2 June and 25 June 2015 Procedural Law-viz summary judgment re eviction.Law of Property-viz proof of title re immovable property iro registered rights.Law of Property-viz ...

HB128-16 : DEAN WYNGARD and JANINE WYNGARD vs CENTRAL AFRICA BUILDING SOCIETY t/a CABS and SHERIFF OF ZIMBABWE N.O.
Ruled By: MAKONESE J

20 and 26 May 2016 Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz judicial attachment re judicial sale in execution.Law of Contract-viz ...

HB126-16 : MOVEMENT FOR DEMOCRATIC CHANGE–T vs OFFICER COMMANDING BYO CENTRAL DISTRICT POLICE N.O. and THE COMMISSIONER GENERAL ZIMBABWE REPUBLIC POLICE N.O. and THE MINISTER OF HOME AFFAIRS N.O.
Ruled By: MAKONESE J

19 and 26 May 2016 Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz urgent chamber application.Procedural Law-viz rules of evidence re documentary ...

HB125-18 : THE SHERIFF OF ZIMBABWE - APPLICANT vs CORESOIL MINING PL (Represented by Kelvin Kaguru) - CLAIMANT and KUSAFUNGA KAGURU - JUDGMENT DEBTOR and ESTER MOYO (NEE KELLIE) - JUDGMENT CREDITOR
Ruled By: MAKONESE J

30 May and 7 June 2018 Procedural Law-viz judicial attachment re interpleader proceedings iro Rule 205 of the High Court Rules.Procedural Law-viz judicial attachment re inter-pleader ...

HB120-16 : BRYGGEN MOTELS (PVT) LTD vs PURE TREATMENT INVESTMENTS (PVT) LTD
Ruled By: MAKONESE J

16 November 2015 and 19 May 2016 Procedural Law-viz summary judgment re eviction iro Rule 64(1).Procedural Law-viz rules of court re High Court Rules iro Rule 64(1).Procedural ...

HB119-14 : NKULULEKO MASUKU vs EMANUEL MUGADZA N.O. (HEARING OFFICER) and MBCA BANK LIMITED
Ruled By: MAKONESE J

21 July and 24 July 2014 Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz application for directions re Order 23.Procedural Law-viz rules of ...

HB118-16 : ABEL MKHWANANZI vs TIRIVAVI TOTAMIREPI and MINISTRY OF SOCIAL WELFARE
Ruled By: MAKONESE J

19 May 2016 Law of Delict-viz negligence re vicarious liability.Procedural Law-viz rules of evidence re documentary evidence.Damages-viz delictual damages re bodily injury iro ...

HB115-14 : NICOLE MPOFU vs NHLABATHI N.O. (In his capacity and the Executor dative of the Estate late Hedwick Mpofu) and ADMIRE MPOFU and OTHERS
Ruled By: MAKONESE J

15 May and 17 July 2014 Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz condonation re late filing of review application.Procedural Law-viz review ...

HB114-14 : VIRIMAYI NYAMWIWA and ZEBRA MINING SYNDICATE vs GAMESTAR TRADING (PVT) LTD and MUSHLY INVESTMENTS and DEPUTY SHERIFF N.O and MINING COMMISSIONER
Ruled By: MAKONESE J

20 June 2014 and 17 July 2014 Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz judicial sale in execution.Procedural Law-viz rules of evidence re ...

HB105-14 : MARIA MANOLAKAKIS vs ESTATE LATE DR. JOHN MANOLAKAKIS and ESTATE LATE EVANGELIA PATRINOS and IOANNIS IOANNIDIS and CONSTANDINOS PATRINOS and ROBERT BOWES and DEPUTY MASTER
Ruled By: MAKONESE J

31 June 2012 and 10 July 2014 Estate Law-viz rights of beneficiaries re testate succession iro validity of a Will.Procedural Law-viz citation re substitution of a party ...

HB100-18 : ERASMUS DUBE vs ZIMBABWE ELECTRICITY TRANSMISSION DISTRIBUTION COMPANY
Ruled By: MAKONESE J

8 and 9 February and 26 April 2018 Law of Delict-viz negligence re professional negligence.Procedural Law-viz pleadings re abandoned pleadings.Damages-viz delictual damages re bodily injury.Damages-viz delictual damages re ...

HB10-15 : INTRO-WISE CATERING (PVT) LTD vs COSIRA COMMUNICATIONS GLOBAL and COSIRA AFRICA (PTY) LIMITED and ZIMBABWE PLATINUM MINES (PVT) LTD
Ruled By: MAKONESE J

31 October 2014 and 22 January 2015 Procedural Law-viz declaratory order.Procedural Law-viz declaratur.Company Law-viz legal personality re the rule of separate legal existence.Company Law-viz legal personality re ...

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