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Civil Cases by mathonsi j

HH446-15 : TELECEL ZIMBABWE vs POSTAL AND TELECOMMUNICATIONS REGULATORY AUTHORITY and MINISTER OF INFORMATION TECHNOLOGY N.O. and CHIEF SECRETARY, OFFICE OF PRESIDENT and EMPOWERMENT CORPORATION
Ruled By: MATHONSI J

7 May 2015 and 13 May 2015 Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz urgent chamber application.Postal and Telecommunications Law-viz licencing.Administrative Law-viz the ...

HH44-13 : DULLY HUNI vs GEORGE PEDZISAI FICHANI
Ruled By: MATHONSI J

7 February 2013 Procedural Law-viz urgent chamber application.Mining-viz ownership of mines re mining claims.Law of Contract-viz termination of an agreement.Law of Contract-viz cancellation ...

HH427-15 : THE PROSECUTOR GENERAL vs PHIBEON BUSANGABANYE and MAGISTRATE N MUPEIWA N.O.
Ruled By: MATHONSI J

24 April 2015 Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz urgent chamber application re urgency iro time to act ...

HH422-14 : CLEOPAS ZVIDZA and MAVIS ZVIDZA vs ELVIS MUDOTI
Ruled By: MATHONSI J

14 August 2014 Procedural Law-viz rules of court re abuse of court process iro the process of stay of execution.Procedural Law-viz urgent chamber ...

HH418-14 : TAKUDZWA CHIHOTA vs GIVEMORE MUNYARIWA AND 12 OTHERS and SHERIFF OF THE HIGH COURT (GWERU) and SUMMESTER STEEL PL
Ruled By: MATHONSI J

31 July 2014 Procedural Law-viz urgent chamber application re stay of execution.Procedural Law-viz final orders re enforcement of judicial order iro writ of ...

HH413-18 : LAFARGE CEMENT (ZIMBABWE) LIMITED vs MUGOVE CHATIZEMBWA
Ruled By: MATHONSI J

10 July 2018 and 18 July 2018 Procedural Law-viz summary judgment re eviction proceedings.Law of Property-viz vindicatory action re claim of right.Law of Property-viz rei vindicatio re ...

HH402-15 : NYASHA ZHOU and PATRICIA ZHOU and GIFT SHOKO and NYATRISH PROPERTY INVESTMENTS PL and SINCIA INVESTMENTS PL vs THE TRUSTEE OF TOMORROW TODAY YESTERDAY TRUST and SHERIFF FOR ZIMBABWE
Ruled By: MATHONSI J

21 April 2015 Procedural Law-viz urgent chamber application re stay of execution.Procedural Law-viz judicial sale in execution re Rule 348A(5a).Procedural Law-viz rules of ...

HH379-14 : RESERVE BANK OF ZIMBABWE vs PRIVILEGE MATURURE
Ruled By: MATHONSI J

9 July and 30 July 2014 Procedural Law-viz rules of evidence re documentary evidence.Labour Law-viz contract of employment re retention of company assets.Labour Law-viz employment contract ...

HH37-13 : CHAMPION CONSTRUCTORS (PVT) LTD vs MILTON GARDENS ASSOCIATION and THE CITY OF HARARE and THE DIRECTOR OF URBAN PLANNING SERVICES and DIRECTOR OF WATER SERVICES and ANOTHER
Ruled By: MATHONSI J

30 January 2013 and 6 February 2013 Law of Property-viz proof of title re immovable property.Local Authorities-viz subdivision of property re development of Stands iro subdivision permit.Procedural ...

HH37-12 : KIDWELL MACHAKA vs MINISTER OF LOCAL GOVERNMENT, URBAN AND RURAL DEVELOPMENT AND TWO OTHERS
Ruled By: MATHONSI J

25 January 2012 Traditional Leadership-viz nomination process of candidacy for appointment to chieftainship iro jurisdiction of government officers.

HH366-13 : MURENGA CHIKWAMBA vs MATIUS MUKUNGA and LAZARUS MUKUNGA and MINISTER OF LOCAL GOVERNMENT PUBLIC WORKS AND URBAN DEVELOPMEMNT and DISTRICT ADMINISTRATOR SHAMVA
Ruled By: MATHONSI J

17 October 2013 Procedural Law-viz urgent chamber application.Traditional Leadership-viz chieftainship re appointment.Traditional Leadership-viz chieftainship re nomination process.Procedural Law-viz lis alibi pendens.Procedural Law-viz pending ...

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HH353-13 : GURTA AG vs AFARAS MTAUSI GWARADZIMBA N.O.
Ruled By: MATHONSI J

12 September and 16 October 2013 Pocedural Law-viz citation re party acting in an official capacity.Procedural Law-viz cause of action.Procedural Law-viz civil proceedings instituted by peregrinus.Procedural ...

HH339-14 : ROCK CHEMICAL FILLERS (PVT) LTD vs BRIDGE RESOURCES (PVT) LTD and TAPIWA GURUPIRA and MOST CHIKUMBA
Ruled By: MATHONSI J

1 July 2014 and 9 July 2014 Procedural Law-viz urgent chamber application.Procedural Law-viz rules of evidence re documentary evidence.Procedural Law-viz citation re non-joinder.Procedural Law-viz pleadings re withdrawal ...

HH336-13 : WEI WEI PROPERTIES (PVT) LIMITED vs S &T EXPORT AND IMPORT (PVT) LIMITED
Ruled By: MATHONSI J

24 September 2013 and 9 October 2013 Law of Contract-viz commercial arbitration re registration of arbitral award.Law of Property-viz lease agreement re termination of agreement iro eviction.Law ...

HH332-13 : NIGHERT SAVANIA and NORWICH TRADING (PVT) LIMITED vs NATHAN MNABA
Ruled By: MATHONSI J

25 September 2013 and 9 October 2013 Company Law-viz shareholding re share transactions.Law of Property-viz rei vindicatio re eviction.Law of Property-viz vindicatory action re eviction.Law of Property-viz ...

HH331-14 : DR. JANE MUTASA vs TELECEL INTERNATIONAL and TELECEL ZIMBABWE (PRIVATE) LIMITED
Ruled By: MATHONSI J

26 June 2014 and 2 July 2014 Procedural Law-viz affidavits re founding affidavit iro the principle that a case stands or falls on the founding affidavit.Procedural Law-viz ...

HH330-13 : THE SHERIFF OF THE HIGH COURT vs ANTONY WILLIAM MACKINGTOSH and KAR CORPORATION (PRIVATE) LIMITED and PUMULANI NCUBE
Ruled By: MATHONSI J

19 September 2013 and 9 October 2013 Procedural Law-viz judicial attachment.Procedural Law-viz citation re interpleader proceedings.Procedural Law-viz rules of evidence redocumentary evidence.Law of Property-viz proof of title ...

HH324-13 : DOMINION TRADING FZ-LLC vs VICTORIA FOODS (PVT) LIMITED
Ruled By: MATHONSI J

10 September 2013 and 2 October 2013 Insolvency Law-viz liquidation re provisional liquidation order iro section 207 of the Companies Act [Chapter 24:03].Insolvency Law-viz winding up re ...

HH32-13 : WASHMATE MOTORS CENTRE (PRIVATE) LIMITED vs CITY OF HARARE
Ruled By: MATHONSI J

22 January 2013, 29 January 2013 and 6 February 2013 Procedural Law-viz urgent chamber application.Law of Property-viz agreement of lease re termination by effluxion of time.Law of Property-viz lease agreement ...

HH309-14 : TAFARA PANDE vs MINISTER OF LOCAL GOVERNMENT, PUBLIC WORKS & NATIONAL HOUSING and MAGISTRATE NDOKERA, N.O. and MESSENGER OF COURT/DEPUTY SHERIFF MASVINGO
Ruled By: MATHONSI J

17 June 2014 Procedural Law-viz urgent chamber application re review proceedings.Procedural Law-viz civil review re Order 33.Procedural Law-viz service of court process re ...

HH309-13 : WILLIAM BAIN & COMPANY HOLDINGS (PRIVATE) LIMITED vs AMON NYAMUKUNDA
Ruled By: MATHONSI J

18 September and 25 September 2013 Labour Law-viz contract of employment re retention of company property.Labour Law-viz employment contract re retention of employment benefits.Law of Property-viz ...

HH305-14 : FAIRDROP (PVT) LTD vs CAPITAL BANK CORPORATION LTD and JOURNET TRADING PL and ELSPENCE INVESTMENTS PL and OTHERS
Ruled By: MATHONSI J

28 May 2014 and 18 June 2014 Procedural Law-viz consolidation of matters.Procedural Law-viz citation re joinder.Procedural Law-viz citation re edictal citation.Procedural Law-viz service of court process re ...

HH304-13 : CHIDO MATEWA vs ZIMBABWE ELECTRICITY TRANSMISSION AND DISTRIBUTION COMPANY (ZETDC)
Ruled By: MATHONSI J

10 September 2013 and 25 September 2013 Procedural Law-viz cause of action re exception.Procedural Law-viz pleadings.

HH303-14 : BRIGHTON NZARA vs CALISTO TSANYAU & OTHERS
Ruled By: MATHONSI J

4 June 2014 Procedural Law-viz urgent chamber application re stay of execution.Procedural Law-viz civil appeal re leave to execute pending appeal.Procedural Law-viz civil ...

HH274-14 : JUDITH MAPFUMO vs DIRECTOR OF HOUSING AND COMMUNITY SERVICES and T. MURONZI N.O. and CHITUNGWIZA MUNICIPALITY
Ruled By: MATHONSI J

29 May 2014 and 11 June 2014 Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz default judgment re failure to file opposing papers.Procedural Law-viz ...

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HH269-13 : NATIONAL SOCIAL SECURITY AUTHORITY vs N. SVOVA and ORS and R. MAKASI and ORS and P. MUDYIWA and ORS and W. MUGOBOGOBO and ORS
Ruled By: MATHONSI J

18, 25 and 4 September 2013 Procedural Law-viz postponement of proceedings.Procedural Law-viz deferment of proceedings.Procedural Law-viz summary judgment re Rule 66 of the High Court Rules.Procedural ...

HH260-15 : DR PARTSON ZVANDASARA vs BELVEDERE NURSING HOME (PVT) LTD
Ruled By: MATHONSI J

10 and 18 March 2015 Law of Contract-viz debt re refund iro proof of claim.Law of Contract-viz debt re assumption of liability iro voluntary assumption ...

HH255-14 : FUNGAYI J. NYEMBA vs CBZ BANK and PRAISE PETROLEUM (PVT) LTD and CROSLEY MASHIRI and NOVELTY MASHIRI and FARAI NYEMBA
Ruled By: MATHONSI J

15 May 2014 and 28 May 2014 Procedural Law-viz final orders re rescission of a consent order.Procedural Law-viz final orders re rescission of order by consent.Procedural Law-viz ...

HH25-13 : YEMANE BERHE WELDESLASSIE vs MORDORIC MARKETING (PVT) LTD and MOLLIE MUCHABAIWA and SHAMSTER INVESTMENTS (PVT) LTD
Ruled By: MATHONSI J

24 January 2013 Procedural Law-viz urgent chamber application.Procedural Law-viz provisional order re interim relief vis-a-vis final relief.Procedural Law-viz interim interdict re interim relief ...

HH236-15 : KETTEX HOLDINGS (PVT) LTD vs KENCOR MANAGEMENT SERVICES (PVT) LTD
Ruled By: MATHONSI J

5 March and 11 March 2015 Damages-viz contractual damages.Law of Contract-viz purchase and sale re contract of consignment.Procedural Law-viz pleadings re admissions iro confessionary pleading.Procedural ...

HH228-15 : HERBERT MUDZVOVA vs ROBERT MUDZVOVA and THE REGISTRAR OF DEEDS
Ruled By: MATHONSI J

3 March 2015 Procedural Law-viz urgent application re the anti-dissipation interdict.Law of Property-viz res litigiosa re the anti dissipation interdict.Law of Property-viz res ...

HH225-13 : EMMERSON MNANGAGWA vs ALPHA MEDIA HOLDINGS (PRIVATE) LIMITED and DUMISANI MULEYA
Ruled By: MATHONSI J

17 July 2013 and 25 July 2013 Procedural Law-viz cause of action re exception.Damages-viz assessment and evidence of damages re quantification.

HH212-13 : ELIZABETH CHIWUNDO vs ZIMBABWE NATIONAL FAMILY PLANNING COUNCIL
Ruled By: MATHONSI J

26 June 2013 and 10 July 2013 Procedural Law-viz declaratory order re disguised application for review.Procedural Law-viz declaratur re disguised application for review.Procedural Law-viz jurisdiction re domestic ...

HH207-14 : PRACTICAL ACTION SOUTHERN AFRICA vs SYLVIA MAKOMVA and SHERIFF OF ZIMBABWE
Ruled By: MATHONSI J

1 April 2014 Procedural Law-viz urgent chamber application.Procedural Law-viz declaratory order.Procedural Law-viz declaratur.Labour Law-viz employment contract-viz unlawful retention of employment benefits.Labour Law-viz contract ...

HH194-12 : STIRCRAZY INVESTMENTS (PVT) LTD vs A LUCKY BRAND (PVT) LTD AND ANOTHER
Ruled By: MATHONSI J

24 and 25 April 2012 Procedural Law-viz default judgment re appearance to defend iro stay of execution.Procedural Law-viz urgent application re stay of execution iro ...

HH174-13 : ALOIS MATONGO vs MIDLANDS STATE UNIVERSITY
Ruled By: MATHONSI J

29 May 2013 and 5 June 2013 Procedural Law-viz pleadings re non-pleaded issues iro matters raised mero motu by the court.Procedural Law-viz pleadings re matters not specifically ...

HH173-15 : BAYRICH ENTERPRISES (PVT) LTD vs XGMA ZIMBABWE (PVT) LTD and THE SHERIFF
Ruled By: MATHONSI J

17 February 2015 Procedural Law-viz urgent chamber application re stay of execution.Procedural Law-viz judicial attachment re stay of execution.Law of Contract-viz debt re ...

HH169-13 : TROJAN NICKEL MINE LIMITED vs RESERVE BANK OF ZIMBABWE
Ruled By: MATHONSI J

23 and 29 May 2013 Law of Property-viz vindicatory action re arbitrary appropriation of funds.Law of Property-viz rei vindicatio re arbitrary expropriation of bank accounts.Administrative ...

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HH159-13 : KINGDOM MERCHANT BANK LIMITED vs JAYESH SHAH and SATURN TRADING AND INVESTMENTS LIMITED
Ruled By: MATHONSI J

15 May 2013 and 22 May 2013 Law of Contract-viz debt re contractual debt.Law of Contract-viz unjust enrichment.Company Law-viz directorship re personal liability of directors for the ...

HH157-15 : SUCCESS AUTO (PVT) LTD and HONEYPOT INVESTMENTS (PVT) LTD and DOUGLAS MAKONESE and MERCY MAKONESE vs FBC BANK LIMITED and SHERIFF OF THE HIGH COURT OF ZIMBABWE N.O.
Ruled By: MATHONSI J

27 January 2015 and 18 February 2015 Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz judicial sale in execution re Rule 359 of the ...

HH152-14 : RESERVE BANK OF ZIMBABWE vs PRIVILEDGE MATURURE
Ruled By: MATHONSI J

20 March 2014 and 2 April 2014 Labour Law-viz contract of employment re retention of company property.Labour Law-viz employment contract re retention of employment benefits.Law of Property-viz ...

HH142-15 : PASTOR DAVIAS MBURUMA vs UNITED APOSTOLIC FAITH CHURCH (UAFC) and THE SHERIFF OF ZIMBABWE
Ruled By: MATHONSI J

10 February 2015 Procedural Law-viz urgent chamber application re stay of execution iro judicial eviction.Procedural Law-viz urgent application re interim interdict pendente lite.Procedural ...

HH138-15 : GOLD DRIVEN INVESTMENTS vs WILLEMSE FARMING ENTERPRISES (PVT) LTD and FREDRICK CHRISTIAN MULLER
Ruled By: MATHONSI J

22 January 2015 and 11 February 2015 Procedural Law-viz final orders re setting aside of an arbitral award iro Article 34 of the Uncitral Model Law, a ...

HH137-15 : OLIVER CHIDAWU and DANOCT INV and DANNOV INV and BROADWAY INV vs JAYESH SHAH and TN ASSET MANAGEMENT and PELHAMS LTD and ORS
Ruled By: MATHONSI J

27 January 2015 and 11 February 2015 Law of Contract-viz debt re debt security iro shares.Law of Contract-viz debt re debt security iro deed of suretyship.Law of ...

HH136-15 : LEWIS NDHLOVU and CHIPO NDHLOVU vs SUSAN HARUPERI
Ruled By: MATHONSI J

27 January 2014 and 11 February 2015 Procedural Law-viz summary judgment re eviction.Law of Contract-viz debt re acceptance of liability iro summary judgment proceedings.Procedural Law-viz summary judgment ...

HH133-12 : MONICA CHIKOORE vs J P KADZIYA and DISTRICT ADMINISTRATOR, KADOMA DISTRICT and MINISTRY OF LOCAL GOVERNMENT
Ruled By: MATHONSI J

15 March 2012 Procedural Law-viz urgent chamber application re interim interdict pending nothing.Traditional Leadership-viz chieftainship re nomination of candidate.Procedural Law-viz rules of evidence ...

HH125-15 : CONFEDERATION OF ZIMBABWE INDUSTRIES vs RITA MARQUE MBATHA
Ruled By: MATHONSI J

29 January 2015 and 11 February 2015 Procedural Law-viz final orders re setting aside of arbitral award iro Article 34 of the Unicitral Model Law, a schedule ...

HH124-13 : HOSEA JAMBWA vs GRAIN MARKETING BOARD
Ruled By: MATHONSI J

5 April 2013 Procedural Law-viz declaratory order.Procedural Law-viz declaratur.Labour Law-viz rules of evidence re code of conduct re disciplinary hearings.Procedural Law-viz rules of ...

HH123-15 : MARGARET MARANGE vs TAFIRENYIKA KAPENDE and PAUL MWONZORA
Ruled By: MATHONSI J

27 January 2015 and 11 February 2015 Estate Law-viz division of estate property re final distribution account.Procedural Law-viz condonation re lare noting of an appeal.Agency Law-viz possession ...

HH123-13 : AFRICAN BANKING CORPORATION OF ZIMBABWE LIMITED t/a BANCABC vs PWC MOTORS (PVT) LTD and PETER MARE and WONDER MARE and CHARLES MARE
Ruled By: MATHONSI J

03 April 2013 and 08 May 2013 Procedural Law-viz summary judgment.Banking Law-viz credit facility re overdraft facility.Law of Contract-viz debt re debt security iro personal guarantee.Law of ...

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