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Civil Cases by mathonsi j

HHH765-15 : JOSPHAT MUKWEMU vs MAGISTRATE SANYATWE N.O. and THE PROSECUTOR GENERAL
Ruled By: MATHONSI J

23 and 30 September 2015 Procedural Law-viz citation re party acting in an official capacity iro nominee officii.Procedural Law-viz citation re party acting in an ...

HHH177-12 : MUNYARADZI GWISAI and FIVE OTHERS vs THE STATE
Ruled By: MATHONSI J

13 April 2012 Procedural Law-viz final orders re perfunctory judgments iro failure of the court to give reasons for its decision.

HHB55-16 : FELODY MUNSAKA vs THE STATE
Ruled By: MATHONSI J

19 and 25 February 2016 Constitutional Law-viz constitutionality of statutory provisions re the Criminal Procedure and Evidence Act iro section 117 of the Criminal Procedure ...

HHB345-16 : NQOBILE KHUMALO vs THE PRESIDING MAGISTRATE N.O. (MR MZINGAYE MOYO) and THE PROSECUTOR GENERAL N.O.
Ruled By: MATHONSI J

25 November 2016 and 1 December 2016 Procedural Law-viz citation re party acting in an official capacity iro nominee officii.Procedural Law-viz citation re party acting in an ...

HHB226-16 : ALPHONSUS ACHINULO vs W. MAPHIOS MOYO N.O. and THE STATE
Ruled By: MATHONSI J

18 August 2016 and 25 August 2016 Procedural Law-viz urgent chamber application re stay of proceedings iro unterminated proceedings.Procedural Law-viz urgent application re stay of proceedings iro ...

HHB100-17 : ELIZABETH SHAVA vs PRIMROSE MAGOMORE N.O. and NATIONAL PROSECUTING AUTHORITY
Ruled By: MATHONSI J

20 April 2017 and 27 April 2017 Procedural Law-viz citation re party acting in an official capacity iro nominee officii.Procedural Law-viz citation re party acting in an ...

HHB05-16 : LINDANI CAPHU vs THE STATE
Ruled By: MATHONSI J

15 January and 21 January 2016 Procedural Law-viz pleadings re admissions iro unchallenged averments.Procedural Law-viz rules of evidence re admissions iro the principle that what is ...

HH99-12 : SHUNGU ENGINEERING (PVT) LTD vs SIMBARASHE SANGONDIMAMBO & ORS
Ruled By: MATHONSI J

22 February 2012 and 29 February 2012 Procedural Law-viz urgent chamber application re stay of execution iro labour proceedings.Labour Law-viz arbitration re execution of arbitral award.Labour Law-viz ...

HH93-15 : ROMUS GUMISAI CHIHOTA vs MINISTER OF HOME AFFAIRS and COMMISSIONER GENERAL–ZIMBABWE REPUBLIC POLICE and OFFICER IN CHARGE- ZRP CHIREDZI
Ruled By: MATHONSI J

28 January 2015 and 4 February 2015 Procedural Law-viz cause of action re exception.Procedural Law-viz prescription re proceedings against the State iro section 70 of the Police ...

HH93-13 : SHEILA GREENLAND vs ZIMBABWE COMMUNITY HEALTH INTERVENTION RESEARCH PROJECT (ZICHIRE)
Ruled By: MATHONSI J

27 March and 3 April 2013 Legal Practitioners-viz professional ethics.Labour Law-viz labour arbitration re registration of arbitral award.Procedural Law-viz default judgment re failure to attend hearing.Labour ...

HH92-15 : CAPRI (PVT) LTD vs HOWARD MAPONGA
Ruled By: MATHONSI J

28 January 2015 and 4 February 2015 Procedural Law-viz jurisdiction re labour proceedings iro section 89(6) of the Labour Act [Chapter 28:01].Procedural Law-viz jurisdiction re labour proceedings ...

HH91-15 : WILBERT MUNONYARA vs CBZ BANK LIMITED and SHERIFF OF HIGH COURT and REGISTRAR OF DEEDS
Ruled By: MATHONSI J

22 January 2015 and 4 February 2015 Procedural Law-viz final orders re the final and conclusive rule iro the principle of finality to litigation.Procedural Law-viz final orders ...

HH88-12 : BLUMO TRADING (PRIVATE) LIMITED t/a COLCOM COMMODITIES vs MORGAN MUDUVURI
Ruled By: MATHONSI J

3 February 2012 Procedural Law-viz pleadings re heads of argument iro Rule 238 of the High Court Rules.Procedural Law-viz heads of argument re ...

HH84-12 : CHRISTOPHER BARNSLEY vs HARAMBE HOLDINGS (PVT) LTD AND ANOTHER
Ruled By: MATHONSI J

2 and 22 February 2012 Company Law-viz legal personality re holding company iro Group structures.Labour Law-viz employment contract re identity of employer iro Group structures.Procedural ...

HH797-15 : PETER KAZINGIZI and THERESA MUCHABAIWA KAZINGIZI vs EQUITY PROPERTIES (PVT) LTD
Ruled By: MATHONSI J

7 October 2015 and 14 October 2015 Procedural Law-viz summary judgment.Law of Contract-viz debt re contractual debt.Procedural law-viz rules of evidence re documentary evidence.Procedural Law-viz rules of ...

HH791-15 : NUVERT TRADING (PRIVATE) LIMITED t/a TRIPLE TEE FOOTWEAR vs HWANGE COLLIERY COMPANY
Ruled By: MATHONSI J

6 October 2015 and 14 October 2015 Law of Contract-viz debt re contractual debt.Procedural Law-viz cause of action re Rule 11(c) of the High Court Rules iro ...

HH79-14 : JOVITA SANYANGOWE vs ELVIS CHALIMBA and CONSTABLE CHIKATA and ASSISTANT INSPECTOR MAGUMANA and CO-MINISTERS OF HOME AFFAIRS
Ruled By: MATHONSI J

20 February 2014 and 26 February 2014 Procedural Law-viz exception.Law of Delict-viz contumelia re unlawful arrest.Law of Delict-viz contumelia re unlawful detention.Law of Delict-viz contumelia re malicious ...

HH79-12 : MARIANE SABETA vs COMMISSIONER GENERAL ZIMBABWE REVENUE AUTHORITY
Ruled By: MATHONSI J

3 and 22 FEBRUARY 2012 Procedural Law-viz mandatory interdict.Procedural Law-viz mandamus.Tax Law-viz capital gains tax.Law of Contract-viz purchase and sale re passing of title.Law of ...

HH788-15 : COLLEN KWARAMBA vs WINSHOP ENTERPRISES (PVT) LTD and BLAIR CHRISTINK and REGISTRAR OF DEEDS
Ruled By: MATHONSI J

6 and 14 October 2015 Procedural Law-viz default judgment re rescission of a rescission of default udgment order.Procedural Law-viz default judgment re rescission of a ...

HH78-14 : HUGHBER PETROLEUM (PVT) LTD and HUBERT NYAMBUYA vs BRENT OIL AFRICA (PTY) LTD
Ruled By: MATHONSI J

20 February and 26 February 2014 Procedural Law-viz default judgment re rescission of default judgment.Procedural Law-viz automatic bar re failure to enter appearance to defend timeously.Procedural ...

View Appeal
HH767-15 : IN RE: STAND FIVE FOUR NOUGHT (PVT) LTD (Under Provisional Judicial Management) FOR AN ORDER FOR FINAL JUDICIAL MANAGEMENT vs x
Ruled By: MATHONSI J

23 and 30 September 2015 Procedural Law-viz ex parte application.Insolvency Law-viz judicial management re section 299(1)(a) of the Companies Act [Chapter 24:03].Law of Contract-viz debt ...

HH76-15 : GENERAL LEASING (PVT) LTD vs ALLIED TIMBERS ZIMBABWE (PVT) LTD
Ruled By: MATHONSI J

22 January 2015 and 4 February 2015 Procedural Law-viz cause of action re special plea iro prescription.Procedural Law-viz cause of action re basis of legal proceedings.Procedural Law-viz ...

HH749-15 : ALAN BRIGGS vs LAWRENCE BILLIATI and MINESACK INVESTMENTS (PVT) LTD
Ruled By: MATHONSI J

17 September 2015 and 23 September 2015 Procedural Law-viz provisional sentence re Rule 20.Law of Contract-viz debt re contractual debt.Law of Contract-viz debt re contractual debt iro ...

HH747-15 : BARRY JAMES WARWICK vs MERCY JONGA
Ruled By: MATHONSI J

17 and 23 September 2015 Procedural Law-viz postponement of proceedings.Legal Practitioners-viz right of audience before the court re assumption of agency.Legal Practitioners-viz right of audience ...

HH740-15 : COSMAS ZAVAZAVA and VONGAI ZAVAZAVA vs JONAH TENDERE and TENDAI TENDERE and THERMO-DYNAMICS REAL ESTATE and REGISTRAR OF DEEDS N.O.
Ruled By: MATHONSI J

15 and 23 September 2015 Procedural Law-viz citation re party acting in an official capacity iro nominus officiae.Law of Property-viz passing of ownership re immovable ...

HH73-15 : FUNGAI NHAU vs MEMORY KAFE and CHIPO NKUDZI
Ruled By: MATHONSI J

21 and 28 January 2015 Procedural Law-viz cause of action re special plea in bar iro Rule 137.Procedural Law-viz cause of action re special plea ...

HH73-13 : SIBONGILE KAZIBONI vs CHAMPION CONSTRUCTION (PRIVATE) LIMITED
Ruled By: MATHONSI J

26 February 2013, 27 February 2013 and 13 March 2013 Procedural Law-viz directions of the court.Law of Contract-viz specific performance re specific performance ex contractu.Damages-viz contractual damages re damages in ...

HH72-13 : FIDELIS MHASHU vs WELLINGTON ASANI and ALFRED MAMVURA and THE DEPUTY SHERIFF
Ruled By: MATHONSI J

7 March 2013 Procedural Law-viz urgent chamber application.Procedural Law-viz urgent application re stay of execution.Procedural Law-viz urgent chamber application re stay of execution ...

HH698-15 : DANAI H MABUTO vs WOMEN'S UNIVERSITY IN AFRICA and HOPE SADZA N.O. and N. CHIEZA N.O.
Ruled By: MATHONSI J

6 August 2015 Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz urgent application.Administrative Law-viz administrative decision making re the Administrative ...

HH676-15 : CONSTABLE TAMANIKWA vs BOARD PRESIDENT (CHIEF SUPERINTENDENT BALENI) and THE COMMISSIONER GENERAL OF POLICE
Ruled By: MATHONSI J

29 July 2015 and 5 August 2015 Procedural Law-viz urgent chamber application re stay of execution iro stay of administrative labour proceedings.Procedural Law-viz provisional order re interim ...

HH672-15 : TRINITY ENGINEERING (PVT) LTD vs RUSSELL KARIMAZONDO and MAXIFIX (PVT) LTD and TELECEL ZIMBABWE (PVT) LTD and PEOPLE'S OWN SAVINGS BANK and THE REGISTRAR OF DEEDS
Ruled By: MATHONSI J

14, 15 July 2015 and 5 August 2015 Law of Contract-viz debt re debt security iro mortgage bond over immovable property.Procedural Law-viz counterclaim.Procedural Law-viz claim in reconvention.Law of ...

HH604-18 : PUWAYI CHIUTSI and ELLIOT RODGERS vs SHERIFF OF HIGH COURT and ELLIOT RODGERS and REGISTRAR OF DEEDS and BARIADIE INVESTMENTS PL and MC DUFF MADEGA N.O. and PUWAYI CHIUTSI
Ruled By: MATHONSI J

27 September and 3 October 2018 Procedural Law-viz citation re party acting in an official capacity iro nominus officiae.Procedural Law-viz consolidation of matters.Procedural Law-viz joinder of ...

HH60-13 : IMMACULATE BLESSING MABIZA vs IVON NGWIRA
Ruled By: MATHONSI J

26 February 2013 and 6 March 2013 Law of Property-viz claim for compensation for improvements to the property of another.Law of Contract-viz tender of settlement.Law of Contract-viz ...

Appealed
HH591-18 : CAINOS CHINGOMBE and TENDAI KWENDA vs CITY OF HARARE and MINISTER OF LOCAL GOVERNMENT, PUBLIC WORKS AND NATIONAL HOUSING and HOSEA CHISANGO N.O. and GEORGE MAKINGS N.O. and CHENAI GUMIRO N.O.
Ruled By: MATHONSI J

25 September 2018 and 3 October 2018 Procedural Law-viz citation re party acting in an official capacity iro nominus officiae.Procedural Law-viz jurisdiction re labour proceedings iro section ...

HH58-15 : WILBERG INVESTMENTS (PVT) LTD vs TWALUMBA HOLDINGS (PVT) LTD
Ruled By: MATHONSI J

20 January 2015 and 28 January 2015 Procedural Law-viz summary judgment.Law of Contract-viz debt re contractual debt iro acknowledgement of debt.Law of Contract-viz debt re contractual debt ...

HH57-15 : MACRO PLUMBERS (PVT) LTD vs SHERIFF OF ZIMBABWE N.O. and OWEN CHIGOYA
Ruled By: MATHONSI J

20 January 2015 and 28 January 2015 Procedural Law-viz rules of evidence re findings of fact iro candidness with the court.Procedural Law-viz rules of evidence re findings ...

HH569-15 : HORTBAC (PVT) LTD t/a LITTLE FLOWER ENTERPRISES vs OFFICER IN CHARGE – ZRP GOROMONZI and COMMISIONER GENERAL OF POLICE and JAMES CHIYANGWA and R KITULI and TENDAI BONGA and TIMOTHY MUYAMBO
Ruled By: MATHONSI J

15 June 2015 Procedural Law-viz urgent chamber application.Procedural Law-viz rules of evidence re documentary evidence.Land Acquisition-viz eviction re lawful authority to occupy gazetted ...

HH566-14 : TAWADZERA ZISHIRI and SHIRELLA PETERS and ANDRA NYANDEBVU and VIOLET CHATINDO and OTHERS vs STREAMSLEIGH INVESTMENTS (PVT) LTD
Ruled By: MATHONSI J

14 October 2014 Procedural Law-viz urgent chamber application.Procedural Law-viz rules of evidence re documentary evidence.Procedural Law-viz citation.Law of Property-viz vindicatory action re eviction ...

HH516-14 : CHEN WANG vs JOSEPH MANDIZHA and TAWANDA MAVHUNGA and TAFADZWA MAVHUNGA and DARNEL ENTERPRISES (PRIVATE) LIMITED
Ruled By: MATHONSI J

23 September 2014 and 1 October 2014 Procedural Law-viz costs re interlocutory proceedings.Procedural Law-viz costs re interim proceedings.Procedural Law-viz citation re joinder iro joinder of necessity.Procedural Law-viz ...

HH503-15 : JOHN CONRAD TRUST vs THE FEDERATION OF KUSHANDA PRE-SCHOOLS TRUST and MUNICIPALITY OF MARONDERA and UNITED METHODIST CHURCH MARONDERA and REGISTRAR OF DEEDS
Ruled By: MATHONSI J

2 June, 15 and 10 June 2015 Procedural Law-viz special plea re prescription.Procedural Law-viz declaratory order.Procedural Law-viz declaratur.Law of Property-viz proof of title re immovable property iro ...

HH501-15 : MONTCLAIR HOTEL AND CASINO vs FARAI MUKUHWA
Ruled By: MATHONSI J

3 June 2015 and 10 June 2015 Labour Law-viz contract of employment re termination iro vested rights of ex employees.Labour Law-viz termination of employment re vested rights ...

HH49-13 : FIRST CLASS ENTERPRISES (PVT) LTD vs TRYMORE MUCHINGAMI AND 2 OTHERS
Ruled By: MATHONSI J

12 February and 20 February 2013 Delict Law-viz vicarious liability.Damages-viz delictual damages re economic loss iro road traffic accident.Damages-viz delictual damages re economic loss iro commercial ...

HH484-14 : L.M.S. TIMBERS (PVT) LTD and LUKA PHAKATHI vs THE SHERIFF OF ZIMBABWE and PEOPLE'S OWN SAVINGS BANK and SETH CHIGODORA
Ruled By: MATHONSI J

10 September 2014 and 24 September 2014 Procedural Law-viz judicial sale in execution.Law of Contract-viz debt re debt security iro mortgaging of immovable property.Procedural Law-viz default judgment ...

HH481-15 : JAMES J MUROZVI vs CHAWATAMA SIGN and DELTA BEVERAGES and RM INSURANCE (PVT) LTD
Ruled By: MATHONSI J

21 May 2015 and 27 May 2015 Procedural Law-viz cause of action re exception.Procedural Law-viz cause of action re basis of legal proceedings iro Rule 11(c) of ...

HH48-12 : ENOCK GOVHA vs ASHANTI GOLDFIELDS ZIMBABWE LIMITED t/a FREDA REBECCA MINE and ANOR
Ruled By: MATHONSI J

1 and 15 February 2012 Procedural Law-viz default judgment re rescission of default judgment iro Rule 63 of the High Court Rules, 1971.Procedural Law-viz service ...

HH479-15 : STEELMAKERS ZIMBABWE (PVT) LTD vs MICHAEL MANDIVEYI
Ruled By: MATHONSI J

20 April and 27 May 2015 Labour Law-viz employment contract re termination iro vested rights of ex employees.Labour Law-viz termination of contract of employment re vested ...

HH478-15 : MUKUVISI TASHINGA HOUSING CO-OPERATIVE vs DANNY MUSUKUMA and LAST MBIZVO and CHARLIE DENGA and MSASA PARK (PRIVATE) LIMITED and ZANU P.F
Ruled By: MATHONSI J

21 May 2015 Procedural Law-viz urgent application.Procedural Law-viz cause of action re the doctrine against benefiting from one's own wrongs.Law of Property-viz passing ...

HH477-14 : KUKURA KURERWA BUS COMPANY vs SIMBA MUKWENA and TRUST SINANI and RAYMOND CHIGWAZE and MESSENGER OF COURT, MUTARE
Ruled By: MATHONSI J

9 September 2014 Procedural Law-viz urgent chamber application re stay of execution.Labour Law-viz labour arbitration re registration of an arbitral award iro section ...

HH470-14 : GUTA RAMWARI vs CHARLES WADUKA and TAPIWA ZINGWE and MARSHALL DHLIWAYO
Ruled By: MATHONSI J

3 September and 10 September 2014 Canon Law-viz canonical disputes re factionalism.Law of Property-viz proof of title re immovable property iro registered rights.Procedural Law-viz rules of ...

HH458-15 : THE EVANGELICAL CHURCH OF ZIMBABWE vs REVEREND DOCTOR ISAAC SODA
Ruled By: MATHONSI J

13 May 2015 and 20 May 2015 Procedural Law-viz urgent application.Canon Law-viz ecclesiastical disputes re factionalism.Procedural Law-viz affidavits re founding affidavit iro deponent.Procedural Law-viz urgent chamber application ...

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