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Civil Cases by mathonsi j

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 ...

HH123-12 : DAVID SEBASTAIN GWANDE vs TAPIWA MATONHODZE AND MINISTER OF HOME AFFAIRS
Ruled By: MATHONSI J

8 March 2012 and 14 March 2012 Law of Delict-viz delictual claim re lex aquilia iro patrimonial loss.Law of Delict-viz injuria re vicarious liability iro road trafic ...

HH121-13 : WONDER CHAIRE and A.CHANGAMBIKA and M. GOLIATH and D. CHARI and C. MBUMBURU and OTHERS vs MT DARWIN BAZAAR
Ruled By: MATHONSI J

5 April 2013 Labour Law-viz labour arbitration re registration of arbitral award.Procedural Law-viz rules of evidence re documentary evidence.Labour Law-viz labour arbitration re ...

HH120-13 : DEPUTY SHERIFF – HARARE vs HEAVY EQUIPMENT POWER PARTS and HOPE TEMBO
Ruled By: MATHONSI J

5 April 2013 Procedural Law-viz judicial attachment.Procedural Law-viz citation re joinder iro interpleader proceedings.Procedural Law-viz joinder re inter pleader proceedings iro Order 30 ...

HH118-15 : MARIA SJAMBOK and BEAUTY CHIRAU vs TRUST CHINYAMA and MINISTER OF LANDS & RURAL RESETTLEMENT
Ruled By: MATHONSI J

3 February 2015 Procedural Law-viz urgent chamber application.Land Acquisition-viz lawful authority to occupy gazetted land re permits.Procedural Law-viz rules of evidence re documentary ...

HH103-13 : ERNEST JINGA vs DAVID SAUNYAMA and MOONWAVE PROPERTIES T/A MAPS ASSET MANAGEMENT, GUZHA T/SHIP, CHIKWANHA and CHITUNGWIZA MUNICIPALITY
Ruled By: MATHONSI J

4 April 2013 Law of Contract-viz specific performance re specific performance ex contractu.Procedural Law-viz rules of evidence re documentary evidence.Procedural Law-viz rules of ...

HH102-13 : JOSEPH TAPERA AND 17 OTHERS vs FIELD SPARK INVESTMENTS (PVT) LTD
Ruled By: MATHONSI J

4 April 2013 Labour Law-viz labour arbitration re registration of arbitral award.Procedural Law-viz pending litigation.Procedural Law-viz lis alibi pendens.Labour Law-viz labour arbitration re ...

HH102-12 : GRAEME CHADWICK vs JG CONSTRUCTION
Ruled By: MATHONSI J

2 February 2012 and 29 February 2012 Procedural Law-viz summary judgment re debt.Law of Contract-viz debt re contractual debt iro acknowledgement of debt.Law of Contract-viz debt re ...

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HH100-13 : H. J. VORSTER (PVT) LTD vs SAVE VALLEY CONSERVANCY
Ruled By: MATHONSI J

3 April 2013 Procedural Law-viz final orders re ex tempore judgment.Procedural Law-viz condonation re late filing of rescission of judgment.Procedural Law-viz rescission of ...

HB99-11 : NOBUHLE NCUBE vs CBZ BANK LIMITED and THE SHERIFF FOR ZIMBABWE and BULAWAYO REAL ESTATE
Ruled By: MATHONSI J

4 July 2011 and 7 July 2011 Procedural Law-viz urgent chamber application.Law of Contract-viz debt re acknowledgement of debt.Law of Contract-viz debt re acknowledgement of debt iro ...

HB97-11 : NOREEN SIBANDA and BENSON SIYAWAREVA vs JULIUS MPOSELWA NDLOVU
Ruled By: MATHONSI J

27 June 2011 and 30 June 2011 Procedural Law-viz postponement of matter.Procedural Law-viz rules of evidence re documentary evidence.Procedural Law-viz notice of set down re Rule 215(2).Procedural ...

HB95-16 : NATIONAL RAILWAYS OF ZIMBABWE CONTRIBUTORY PENSION FUND vs EKUTULENE INVESTMENTS t/a WALKERS PUB AND RESTAURANT and WAYNE ALLAN JONES
Ruled By: MATHONSI J

15, 16 and 24 March 2016 Procedural Law-viz cause of action re the doctrine against benefiting from one's own wrongs.Law of Contract-viz essential elements re consensus ...

HB91-10 : OSEFELUPILU MOYO (Nee SEDANGE) vs ESTER KELLY N.O. and ASSISTANT MASTER OF THE HIGH COURT
Ruled By: MATHONSI J

3 August 2010 and 2 September 2010 Procedural Law-viz citation re party acting in an official capacity.Estate Law-viz rights of beneficiaries re testate succession.Estate Law-viz removal of ...

HB90-10 : ZIMBABWE CONGRESS OF TRADE UNIONS vs OFFICER COMMANDING POLICE KWEKWE DISTRICT SUPT.MADIRO R (NO) and COMMISSIONER GENERAL OF POLICE and CO-MINISTERS OF HOME AFFAIRS
Ruled By: MATHONSI J

2 July 2010 and 26 August 2010 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 ...

HB89-11 : SEHLUKENE SIBANDA vs SIFISO THEBE and ALPHA CONSTRUCTION PROPERTY DEVELOPERS and REGISTRAR OF DEEDS and CITY OF BULAWAYO
Ruled By: MATHONSI J

6 June 2011 and 23 June 2011 Law of Property-viz proof of title re immovable property iro registered rights.Law of Property-viz Deeds Registry re registration of rights ...

HB88-16 : SOLOMON MHENYU vs RUTH MLAUDZI
Ruled By: MATHONSI J

16 March 2016 and 18 March 2016 Procedural Law-viz urgent chamber application.Procedural Law-viz appeal re lapsing of an appeal.Procedural Law-viz appeal re reinstatement of a lapsed appeal.Procedural ...

HB87-11 : WOMEN OF ZIMBABWE ARISE TRUST vs THE OFFICER IN CHARGE C.I.D. LAW AND ORDER and THE OFFICER COMMANDING C.I.D LAW AND ORDER CHIEF SUPERINTENDENT P.R. MOYO and ANOTHER
Ruled By: MATHONSI J

17 June 2011 and 23 June 2011 Procedural Law-viz urgent chamber application.Procedural Law-viz rules of evidence re warrant of entry.Procedural Law-viz rules of evidence re warrant of ...

HB87-10 : METALLION GOLD ZIMBABWE vs EUROTECH PLANT & EQUIPMENT (PVT) LTD and THE DEPUTY SHERIFF
Ruled By: MATHONSI J

16 August 2010 and 19 August 2010 Procedural Law-viz urgent chamber application.Procedural Law-viz urgent application re stay of execution.Procedural Law-viz provisional order re draft of interim interdict ...

HB86-10 : ELVIS NDLOVU vs HIGHER LEARNING CENTRE
Ruled By: MATHONSI J

3 and 19 August 2010 Labour Law-viz labour arbitration re registration of arbitral award.Labour Law-viz labour arbitration re registration of arbitral award iro section 98(14) ...

HB84-18 : ROSINA NGIRAZI vs FUNGAI SAUROSI and KWEKWE CITY COUNCIL
Ruled By: MATHONSI J

15 March 2018 and 22 March 2018 Procedural Law-viz condonation re late noting of an appeal.Procedural Law-viz rules of evidence re candidness with the court.Procedural Law-viz rules ...

HB84-16 : PHILANI GAMA N.O. vs LUNGISANI MPOFU and PATRICIA PHIRI and MBALI NGWENYA and THE ADDITIONAL ASSISTANT MASTER N.O. and THE ASSISTANT MASTER, HIGH COURT OF ZIMBABWE, BULAWAYO N.O.
Ruled By: MATHONSI J

10 and 18 March 2016 Procedural Law-viz citation re party acting in an official capacity.Estate Law-viz rights of beneficiaries re intestate succession.Law of Property-viz proof ...

HB82-16 : CHIPO ZVAVANONDIITA vs RUNIYA NDLOVU and SIMANGELE MASEKO and RATCHELL MASEKO and BESSY MASEKO and ASSISTANT MASTER (N.O) and ADDITIONAL ASSISTANT MASTER N.O and CITY OF BULAWAYO
Ruled By: MATHONSI J

10 and 17 March 2016 Procedural Law-viz citation re party acting in an official capacity.Estate Law-viz division of estate property re distribution account iro re-opening ...

HB82-11 : TROTS INVESTMENTS (PVT) LTD vs MAMBIRO FIBRE (PVT) LTD
Ruled By: MATHONSI J

10 June 2011 and 16 June 2011 Procedural Law-viz rules of evidence re documentary evidence.Law of Property-viz lease agreement re termination iro notice of cancellation.Law of Property-viz ...

HB81-16 : FESTOR CHINEKA vs PRO-VICE CHANCELLOR and NATIONAL UNIVERSITY OF SCIENCE AND TECHNOLOGY and STUDENT DISCIPLINARY COMMITTEE
Ruled By: MATHONSI J

10 March 2016 Procedural Law-viz final orders re ex tempore judgment.Procedural Law-viz civil review re Order 33 of the High Court Rules.Education Law-viz ...

HB81-10 : TRISTAN JOHN PEACOCK vs ANTOINETTE MAREE STEYN
Ruled By: MATHONSI J

29 July 2010 and 5 August 2010 International Law-viz rights of children re the Hague Convention on the Civil Aspects of International Child Abduction.International Law-viz rights of ...

HB79-16 : PREMIER SERVICES MEDICAL AID SOCIETY vs FAIRMIND CLINICAL LABORATORIES
Ruled By: MATHONSI J

9 March and 10 March 2016 Procedural Law-viz urgent chamber application.Procedural Law-viz final orders re consent to judgment.Procedural Law-viz final orders re consent order iro rescission ...

HB78-16 : GIBSON BOSTON SIZIBA vs THABANI MPABANGA and BAFOKAZANA MASUKU
Ruled By: MATHONSI J

4, 7 and 10 March 2016 Procedural Law-viz urgent chamber application.Legal Practitioners-viz professional ethics.Law of Property-viz spoliation order re boundary dispute.Law of Property-viz mandament van spolie ...

HB74-10 : REBECCA SIZIBA vs BAMSLOVE INVESTMENTS (PVT) LTD and MARTIN SIMMONS and REGISTRAR OF COMPANIES
Ruled By: MATHONSI J

9 July 2010 and 22 July 210 Procedural Law-viz urgent chamber application.Insolvency Law-viz liquidation re provisional liquidation order.Insolvency Law-viz liquidation re winding up order.Insolvency Law-viz liquidation re ...

HB73-10 : THABANI MOYO and ALEXANDER MUNYAKA vs HASSBRO PROPERTIES (PVT) LTD and MESSENGER OF COURT
Ruled By: MATHONSI J

13 July 2010 and 22 July 2010 Procedural Law-viz urgent application re stay of execution.Procedural Law-viz judicial eviction re stay of execution.Procedural Law-viz interim interdict re past ...

HB69-11 : WINNIE PAMACHECHE vs ESTHER PAMACHECHE and ESTATE LATE KENNETH PAMACHECHE and BRUCE LONGHURST N.O. and MASTER OF THE HIGH COURT N.O.
Ruled By: MATHONSI J

10 May 2011 and 19 May 2011 Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz rules of evidence re documentary evidence.Estate Law-viz rights of ...

HB63-11 : TAFARA CHATORA and FRANCO MUNETSI KATSANDE and MELUSI NDLOVU and ENOS NDLOVU vs THE CHAIRPERSON, WESTERN REGION RENT BOARD and P D S INVESTMENTS (PVT) LTD
Ruled By: MATHONSI J

4 May 2011 and 12 May 2011 Law of Property-viz Rent Regulations re statutory tenant.Law of Property-viz Rent Regulations re statutory tenancy iro S.I.32 of 2007.Law of ...

HB61-11 : ZPRA VETERANS TRUST vs FALLEN HEROES TRUST and GEORGE RUTANHIRE and THERESA MAKONE, N.O. and KEMBO MOHADI (Co-Ministers of Home Affairs)
Ruled By: MATHONSI J

6 April and 7 April 2011 Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz urgent chamber application.Procedural Law-viz directions of the court.Procedural Law-viz ...

HB58-11 : TRADEPASS MARKETING SERVICES (PVT) LIMITED T/A OUTREACH FOR JESUS CARPENTERS vs M. FILANNINO AND MARKOU M and JOHN POCOCK AND COMPANY (PVT) LIMITED and OTHERS
Ruled By: MATHONSI J

28 and 31 March 2011 Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz automtic bar re intention to bar iro notice of ...

HB57-11 : TRADEPASS MARKETING SERVICES (PVT) LIMITED T/A OUTREACH FOR JESUS CARPENTERS vs M. FILANNINO AND MARKOU M and JOHN POCOCK AND COMPANY (PVT) LIMITED and OTHERS
Ruled By: MATHONSI J

28 and 31 March 2011 Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz declaratory order.Procedural Law-viz declaratur.Procedural Law-viz automatic bar re filing ...

HB56-10 : GRACE KHUMALO vs PARIS MPOFU and THE DEPUTY SHERIFF
Ruled By: MATHONSI J

6 July 2010 and 8 July 2010 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 ...

HB53-16 : RAILINGS ENTERPRISES (PVT) LTD T/A PAROAN TRUCKING vs DOWOOD SERVICES (PVT) LTD /T/A BRADFIELD MOTORS and DAVID LUWO and ROSE LUWO
Ruled By: MATHONSI J

18 and 25 February 2016 Law of Contract-viz debt re contractual debt.Law of Contract-viz debt re acknowledgement of debt re summary judgment.Law of Contract-viz debt ...

HB51-10 : MORRIS CHINGUWA vs SIPHO NYONI and MAGISTRATE ZVISHAVANE and MR MUTSUNGUMA N.O. THE MESSENGER OF COURT/D/SHERIFF
Ruled By: MATHONSI J

30 June 2010 and 1 July 2010 Procedural Law-viz citation re party acting in an official capacity.Procedural law-viz judicial arbitration re customary courts.Procedural Law-viz judicial arbitration re ...

HB44-11 : JABULANI MANYATHELA vs THANDO MANYATHELA
Ruled By: MATHONSI J

1,2 and 10 March 2011 Procedural Law-viz final orders re consent order.Procedural Law-viz final orders re order by consent.Family Law-viz division of the assets of ...

HB40-11 : TINASHE CHIKARA vs VENNAH MATIKA
Ruled By: MATHONSI J

25 February and 3 March 2011 Family Law-viz division of the assets of the spouses re unregistered customary law union.Family Law-viz distribution of matrimonial assets re ...

HB36-11 : MAKROMED (PRIVATE) LIMITED t/a CATECHO ENTERPRISES vs MEDICINES CONTROL AUTHORITY OF ZIMBABWE
Ruled By: MATHONSI J

24 February 2011 and 3 March 2011 Procedural Law-viz declaratory order.Procedural Law-viz declaratur.Procedural Law-viz rules of evidence re documentary evidence.Administrative Law-viz administrative decision re section 3 of ...

HB35-11 : CARSLONE ENTERPRISES P/L vs WILSON SVOVA
Ruled By: MATHONSI J

24 February and 3 March 2011 Procedural Law-viz rules of evidence re documentary evidence.Land Acquisition-viz compulsory acquisition re farmland.Procedural Law-viz provisional order.Procedural Law-viz interim interdict.Procedural Law-viz ...

HB34-11 : MINING INDUSTRY PENSION FUND (MIPF) vs BANLAX and TAURAI TADERERA and JORAM TAPFUMA
Ruled By: MATHONSI J

22 February and 3 March 2011 Procedural Law-viz summary judgment re eviction.Procedural Law-viz rules of evidence re documentary evidence.Law of Property-viz Rent Regulations re powers of ...

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HB33-11 : RUMTOWERS SECURITY (PRIVATE) LIMITED vs SUPERBAKE BAKERIES (PRIVATE) LIMITED
Ruled By: MATHONSI J

22 and 24 February 2011 Law of Contract-viz debt re contractual debt.Procedural Law-viz summary judgment.Procedural Law-viz summary judgment re claim for damages.Company Law-viz legal personality ...

HB30-11 : FISO FIKILINI vs JUMA JAMU
Ruled By: MATHONSI J

18 February and 24 February 2011 Procedural Law-viz summary judgment re eviction.Procedural Law-viz locus standi in judicio.Procedural Law-viz rules of evidence re documentary evidence.Law of Property-viz ...

HB29-11 : TINOFARA KUDAKWASHE HOVE vs THE COMMISSIONER-GENERAL ZIMRA
Ruled By: MATHONSI J

15 February 2011 and 24 February 2011 Procedural Law-viz urgent chamber application.Tax Law-viz immigrants rebate re S.I.154 of 2001.Tax Law-viz immigrants rebate re SI 154 of 2001.Tax ...

HB27-11 : NATIONAL SOCIAL SECURITY AUTHORITY vs PARKHAM ENTERPRISES (PVT) LTD t/a RUBBER PRODUCTS
Ruled By: MATHONSI J

16 February 2011 and 24 February 2011 Procedural Law-viz summary judgment re debt.Procedural Law-viz rules of evidence re documentary evidence.Law of Contract-viz debt re acknowledgement of debt.Law ...

HB26-16 : KAMBUZI NINE MINE (PVT) LIMITED vs DOUGLAS PALFRAMAN and STEPHEN MURAMBASVINA T/A JARVIS PALFRAMAN LEGAL PRACTITIONERS and JOLIE OBERT
Ruled By: MATHONSI J

4 and 11 February 2016 Procedural Law-viz summary judgment re claim for damages.Law of Delict-viz negligence re professional negligence.Law of Delict-viz negligence re vicarious liability.Procedural ...

HB26-11 : LESLIE KHUMALO vs VISION SITHOLE
Ruled By: MATHONSI J

15 February 2011 and 17 February 2011 Law of Property-viz proof of title re immovable property iro registered rights.Procedural Law-viz rules of evidence re documentary evidence.Procedural Law-viz ...

HB22-16 : DHERERAI MANYONI vs THE COMMISSIONER GENERAL OF POLICE
Ruled By: MATHONSI J

5 February and 11 February 2016 Procedural Law-viz urgent chamber application.Procedural Law-viz provisional order re interim interdict pendente lite.Procedural Law-viz appeal re the principle that the ...

HB21-16 : REGIONAL MANAGER, BEITBRIDGE and ZIMBABWE REVENUE AUTHORITY vs MODRECK MARAMBA and ASSISTANT SHERIFF, BULAWAYO
Ruled By: MATHONSI J

4 and 11 February 2016 Procedural Law-viz default judgment re failure to appear for hearing.Procedural Law-viz default judgment re the audi alteram partem rule.Procedural Law-viz ...

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