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Civil Cases by mtshiya j

HHH57-09 : KISIMUSI DHLAMINI AND GANDHI MUDZINGWA AND ANDRISON MANYERE vs THE STATE
Ruled By: MTSHIYA J

12 and 13 May 2009 Procedural Law-viz points in limine re approach.

HH91-11 : BENEDICT AMON CHIKWANHA vs VICTORIA MUKUNDADZVITI and CITY OF HARARE and DEPUTY SHERIFFand MKWANILA SYLVESTER MATEO
Ruled By: MTSHIYA J

22 November 2010 and 1 June 2011 Procedural Law-viz default judgment re rescission of judgment.Procedural Law-viz consolidation of matters.Procedural Law-viz citation re joinder.Procedural Law-viz service of court ...

HH90-11 : PATRICK MUSARARA vs THE COMMISSIONER GENERAL ZIMBABWE REVENUE AUTHORITY
Ruled By: MTSHIYA J

10 February 2011 and 1 June 2011 Tax Law-viz immigrants rebate.Tax Law-viz returning residents rebate.Procedural Law-viz rules of evidence re documentary evidence.Tax Law-viz returning permanent resident re ...

HH87-11 : NATIONAL SOCIAL SECURITY AUTHORITY vs CHIMBWANDA DENFORD HANDSON
Ruled By: MTSHIYA J

25 November 2010 Procedural Law-viz automatic bar re failure to file heads of argument in terms of the Rules of Court.Law of Property-viz ...

HH77-13 : ZIMBABWE TOBACCO ASSOCIATION vs THE RESERVE BANK OF ZIMBABWE
Ruled By: MTSHIYA J

31 January 2013 and 20 March 2013 Procedural Law-viz citation re class action proceedings.Procedural Law-viz citation re class action proceedings iro section 3 of the Class Actions ...

HH688-14 : GERALD CHIWESHE and SAMEER KHAN and BRUCE THOMAS vs AIR ZIMBABWE HOLDINGS (PVT) LTD
Ruled By: MTSHIYA J

21, 22 July 2014: 5 August 2014: 30 September 2014 and 10 December 2014 Procedural Law-viz consolidation of matters.Procedural Law-viz joinder of actions.Labour Law-viz contract of employment re termination iro vested rights of ex ...

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HH65-10 : RIO TINTO (AFRICA) PENSION FUND vs AFARAS M. GWARADZIMBA (in his capacity as Liquidator of Sagit Stockbrokers PL) AND AFARAS M. GWARADZIMBA (in his personal capacity)
Ruled By: MTSHIYA J

23 February 2010 & 14 April 2010 Corporate Insolvency-viz distribution re confirmation of final liquidation and distribution account iro liquidation.Corporate Insolvency-viz distribution re value of creditors claim ...

HH59-10 : INTERCONTINENTAL HOLDINGS (PVT) LTD vs VERONICA NECHITIMA AND TEN MWANZA AND FOUR OTHERS
Ruled By: MTSHIYA J

18 March 2010 and 31 March 2010 Law of Property-viz vindicatory action re eviction from immovable property.Law of Property-viz rei vindicatio re eviction from immovable property.Labour Law-viz ...

HH58-11 : ART CORPORATION LIMITED t/a CHLORIDE ZIMBABWE vs PENCASH INVESTMENTS (PRIVATE) LIMITED and ADAM SENI ABDULA
Ruled By: MTSHIYA J

2 November 2010 and 2 March 2011 Law of Property-viz lease agreement re termination.Law of Property-viz agreement of lease re termination iro notice of cancellation.Law of Property-viz ...

HH57-11 : ELGATE INVESTMENTS (PVT) LIMITED and OTHERS vs THE MASTER OF HIGH COURT and WESLEY MILITALA and PARROGATE ZIMBABWE (PVT) LTD and OTHERS
Ruled By: MTSHIYA J

2 February 2011, 7 February 2011, 8 February 2011, 10 February 2011, 11 February 2011, 14 February 2011 and 23 February 2011 Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz urgent chamber application.Insolvency Law-viz judicial management re appointment of ...

HH564-15 : LAMECK KUFANDADA vs DAIRIBOARD ZIMBABWE LIMITED and JANAWAYS (PRIVATE) LIMITED and MICHAEL MUSAMIRAPAMWE
Ruled By: MTSHIYA J

2 June 2015 and 24 June 2015 Procedural Law-viz rules of evidence re documentary evidence.Law of Contract-viz termination of a contract re summary cancellation.Law of Contract-viz cancellation ...

HH542-15 : THE SHERIFF OF THE HIGH COURT vs RONGXIN MINING (PRIVATE) LIMITED and FREDDY MAKUVISE
Ruled By: MTSHIYA J

28 May 2015 and 17 June 2015 Procedural Law-viz judicial attachment re interpleader proceedings.Law of Property-viz proof of title re movable property.Procedural Law-viz rules of evidence re ...

HH498-16 : MEIKLES LIMITED vs WIDE FREE INVESTMENTS (PVT) LTD t/a CORE SOLUTIONS and THE HONOURABLE MOSES HUNGWE CHINHENGO N.O.
Ruled By: MTSHIYA J

29 June 2016 and 24 August 2016 Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz final orders re arbitral awards iro setting aside of ...

HH40-08 : DHLIWAYO RODGERS vs SHAUN MANDAA KUDINGA
Ruled By: MTSHIYA J

7 May 2008 Law of Property-viz lease agreement re termination iro lessee eviction.Law of Property-viz agreement of lease re cancellation iro lessee eviction.Law ...

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HH373-15 : CARE INTERNATIONAL IN ZIMBABWE vs ZIMBABWE REVENUE AUTHORITY and DESMOND MANINIMINI and SURVIVAL HARDWARE (PRIVATE) LIMITED
Ruled By: MTSHIYA J

24 March 2015 and 15 April 2015 Tax Law-viz customs excise duty re post importation investigations.Tax Law-viz penalties.Tax Law-viz customs and excise re post-importation clearance audit.Procedural Law-viz ...

HH363-13 : TAKANAYI MUREYI vs FORTUNE CHARUMBIRA
Ruled By: MTSHIYA J

26 August 2013 Procedural Law-viz urgent chamber application.Legal Practitioners-viz correspondence with the court.Procedural Law-viz final orders re entitlement of litigating parties to written ...

HH355-13 : ENNOCENT CHIDAWANYIKA vs TATENDA CHINYOWA and ZIMBABWE ELECTRICITY TRANSMISSION AND DISTRIBUTION COMPANY
Ruled By: MTSHIYA J

5 and 22 March, 20 May, 26 June, 25 July and 16 October, 2013 Delict Law-viz negligence re road traffic accident.Delict Law-viz vicarious liability.Damages-viz delictual damages re road traffic accident.Procedural Law-viz default judgment re ...

HH354-13 : STANBIC NOMINEES PRIVATE LIMITED and STANBIC BANK ZIMBABWE LIMITED vs REMO INVESTMENT BROKERS (PRIVATE) LIMITED
Ruled By: MTSHIYA J

29 July, 2013 and 16 October, 2013 Procedural Law-viz ex parte application re the Anton Pillar provisional order.Procedural Law-viz ex parte application re the Anton Piller interim ...

HH34-08 : TRUST BANK CORPORATION LIMITED vs COLD STORAGE COMPANY LIMITED
Ruled By: MTSHIYA J

9 April 2008 Banking Law-viz curatorship re capacity of cedent to sue whilst under curatorship.

HH319-14 : GLOAR DESIGN TEAM vs ZIMBABWE NATIONAL ROAD AUTHORITY (ZINARA)
Ruled By: MTSHIYA J

17 June 2014 and 25 June 2014 Law of Contract-viz debt re contractual debt iro services rendered.Procedural Law-viz locus standi re legal status of a litigant.Procedural Law-viz ...

HH30-13 : BRIAN MUNEKA and DADIRAI RWANZA and JANIES TIMOTHY and EDMOND MULEYA and MUSEKIWA MUZANENHAMO and TSITSI DHLIWAYO vs MANICA BUS COMPANY
Ruled By: MTSHIYA J

11 October 2012, 7 January 2013, 10 January 2013, 17 January 2013, 24 January 2013, 29 January 2013 and 6 February 2013 Labour Law-viz labour arbitration re registration of arbitral award.Procedural Law-viz citation re multiple litigants.Procedural Law-viz final orders re parties affected ...

HH30-11 : PRIMAC ENTERPRISES (PRIVATE) LIMITED t/a PRIMAC TELECOMMS vs NATIONAL HANDICRAFT CENTRE (PRIVATE) LIMITED and VICE SECURITY COMPANY (PRIVATE) LIMITED
Ruled By: MTSHIYA J

22, 23 September 2010; 13, 14 October 2010; 1 November 2010 and 9 February 2011 Law of Property-viz agreement of lease re provision for security services on leased premises.Law of Property-viz lease agreement re provision ...

HH280-14 : JAMERA PATSWAWAIRI TILTON vs GOODLUCKY SIMOKO and RM INSURANCE
Ruled By: MTSHIYA J

24-26 February 2014, 20 March 2014 and 11 June 2014 Procedural Law-viz pleadings re withdrawal of pleadings.Law of Delict-viz negligence re road traffic accident.Procedural Law-viz rules of evidence re documentary ...

HH279-14 : CLEMENT KWANGWARI vs JULIUS CHEKURE and AVANTI LOGISTICS (PVT) LTD
Ruled By: MTSHIYA J

19 March 2014, 20 March 2014, 27 March 2014 and 11 June 2014 Procedural Law-viz absolution from the instance.Law of Delict-viz malicious arrest.Law of Delict-viz malicious detention.Damages-viz delictual damages re wrongful arrest.Damages-viz delictual ...

HH278-10 : RADIATOR AND TINNING (PVT) LTD vs RADIATOR AND TINNING (PVT) LTD WORKERS COMMITTEE and WALTER DUBE and LITOS CHIKWANDA and OTHERS
Ruled By: MTSHIYA J

25 October 2010 and 19 January 2011 Insolvency Law-viz liquidation.Insolvency Law-viz liquidation re provisional liquidation order.Insolvency Law-viz liquidation re appoinment of a provisional liquidator iro section 274(1) ...

HH276-10 : DAVID CHIGODORA and NELIA CHIGODORA vs THOMAS C. T RODRIGUES and THOMAS C.T. RODRIGUES (N.O.) and THE REGISTRAR OF DEED and THE MASTER OF THE HIGH COURT and THE DEPUTY SHERIFF
Ruled By: MTSHIYA J

19 October 2010 and 29 December 2010 Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz citation re party acting in a personal capacity.Law of ...

HH274-10 : FARAI CHITSINDE and NYASHA CHITSINDE vs STANNY MUSA and THE REGISTRAR OF DEEDS and THE DEPUTY SHERIFF
Ruled By: MTSHIYA J

14 September 2010 and 15 December 2010 Law of Property-viz proof of title re immovable property.Law of Contract-viz contract for the benefit of a third party re ...

HH260-10 : ALDRIDGE TIMOTHY FISHER vs CHRISTINE FISHER
Ruled By: MTSHIYA J

25 October 2010, 29 October 2010, 02 November 2010 and 24 November 2010 Procedural Law-viz urgent chamber application.Procedural law-viz default judgment.Procedural Law-viz urgent application re stay of execution.Procedural Law-viz stay of execution re ...

HH24-12 : REDAN PETROLEUM (PRIVATE) LIMITED vs GERALD ASHLEY MUZVIDZWA
Ruled By: MTSHIYA J

22 June 2011, 13 July 2011, 28 July 2011, 15 September 2011, 26 September 2011, 5 October 2011, 20 October 2011 and 8 February 2012 Law of Contract-viz debt re acknowledgement of debt iro cause of action.Law of Contract-viz debt re verbal agreement.Procedural Law-viz evidence ...

HH238-15 : WATER AND ALLIED WORKERS' UNION OF ZIMBABWE vs CITY OF HARARE
Ruled By: MTSHIYA J

22 January 2015 and 11 March 2015 Procedural Law-viz declaratory order re consequential relief.Procedural Law-viz declaratur re consequential relief.Labour Law-viz contract of employment re termination iro retirement.Procedural ...

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HH233-10 : YAKUB SURTEE vs SHAUN EVANS and PAUL FRIENDSHIP and COLLIN MacMILLIAN and RODNEY FINNIGAN and ACROSS ENTERPRISES PL
Ruled By: MTSHIYA J

30 July 2010, 13 August 2010 and 27 October 2010 Procedural Law-viz contempt of court.Procedural Law-viz final orders re enforcement of judgments iro nulla bona return of service.Procedural Law-viz condonation.Procedural ...

HH225-10 : SOUTHEND CARGO AIRLINES (PVT) LTD and STEPHEN CHITUKU and PATIENCE CHITUKU vs INFRASTRUCTURE DEVELOPMENT BANK OF ZIMBABWE and THE SHERIFF OF ZIMBABWE and THE DEPUTY SHERIFF
Ruled By: MTSHIYA J

8 September 2010 and 13 October 2010 Procedural Law-viz final orders re principle of finality to litigation.Procedural Law-viz supplementary affidavit re leave to file supplementary affidavit.Procedural Law-viz ...

HH213-10 : CEPRAT FARMING (PVT) LTD vs BRIGHTLAND FARMING (PVT) LTD
Ruled By: MTSHIYA J

24 June 2010 and 29 September 2010 Procedural Law-viz the principle of parate executie.Procedural Law-viz summary execution.Law of Contract-viz debt re debt security.Law of Contract-viz pledge.Law of ...

HH21-10 : TIME SAHWIRA MUPINGA vs THE COMMISSION GENERAL ZIMBABWE REVENUE AUTHORITY (ZIMRA) and MINISTER OF FINANCE
Ruled By: MTSHIYA J

26 November 2009 and 17 February 2010 Procedural Law-viz declaratory order.Procedural Law-viz declaratur.Tax Law-viz immigrant rebate.Tax Law-viz returning resident.Tax Law-viz returning resident's rebate re importation of a ...

HH21-09 : MASHONALAND TURF CLUB vs MICHELLE NYAMANGUNDA
Ruled By: MTSHIYA J

13 and 28 November 2008, 23 December 2008 and 4 March 2009 Law of Property-viz lease agreement re termination iro sub-lessee.Law of Property-viz agreement of lease re termination iro sub-tenant.Procedural Law-viz rules ...

HH206-10 : STANBIC BANK ZIMBABWE LIMITED vs FLAIR FURNITURE COMPANY (SUCCESSORS) LIMITED
Ruled By: MTSHIYA J

4 and 22 June 2010 and 22 September 2010 Law of Contract-viz debt re contractual debt iro bank facility.Banking Law-viz credit facility re composite facility.Banking Law-viz credit facility re ...

HH203-15 : ASSWELL GURUPIRA and JEAN GURUPIRA vs EARTHMOVING & CONSTRUCTION COMPANY PL and and SANDRA MUIR and REGISTRAR OF DEEDS and THE SHERIFF and THE DEPUTY SHERIFF
Ruled By: MTSHIYA J

22 January 2015 and 25 February 2015 Procedural Law-viz citation re joinder iro joinder of necessity.Procedural Law-viz rules of evidence re evidence derived from previous litigation.Company Law-viz ...

HH192-10 : AEPROMM RESOURCES (PVT) LTD vs SAMUEL MAZOWE and PATTERSON TIMBA and STEVENSON TIMBA and MAGGIE DITIMA and TONDESAI KAPONDO
Ruled By: MTSHIYA J

20 and 31 August 2010 Procedural Law-viz final orders re entitlement of a litigating party to written reasons for judgment.Company Law-viz shareholding re shareholder meetings.Procedural ...

HH187-14 : CHRISTMAS MAZARIRE vs OLD MUTUAL SHARED SERVICES (PRIVATE) LIMITED
Ruled By: MTSHIYA J

14 April and 16 April and 24 April 2014 Procedural Law-viz urgent chamber application.Procedural Law-viz declaratory order.Procedural Law-viz declaratur.Labour Law-viz employment contract re termination.Labour Law-viz reternchment re severence agreement.Procedural ...

HH186-14 : AFRICAN BANKING CORPORATION OF ZIMBABWE LIMITED vs DYNAMIC SUCCESS (PVT) LTD and DORCAS MARY MUDENDA
Ruled By: MTSHIYA J

6 February 2014, 30 April 2014 Banking Law-viz credit facility re loan.Law of Contract-viz debt re debt security iro guarantee.Law of Contract-viz debt re debt security ...

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HH186-10 : CAFCA LIMITED vs RESERVE BANK OF ZIMBABWE
Ruled By: MTSHIYA J

26 May 2010; 8 June 2010;and 15 September 2010 Law of Contract-viz debt re contractual iro proof of claim.Banking Law-viz quasi fiscal operations of the Central Bank.Law of Contract-viz ...

HH179-10 : TM SUPERMARKETS (PVT) LTD vs CHADCOMBE PROPERTIES (PVT) LTD and ROCKMOUNT TRADING (PVT) LTD
Ruled By: MTSHIYA J

4 June 2010 and 18 August 2010 Procedural Law-viz provisional order re urgent chamber application.Procedural Law-viz interim interdict.Procedural Law-viz consent order.Procedural Law-viz provisional order re determination of ...

HH169-11 : GEORGE PATRICK CHIMHINI vs INTERFIN SECURITIES (PVT) LTD
Ruled By: MTSHIYA J

24 March and 24 August 2011 Banking Law-viz stockbroking re sale of shares.Banking Law-viz payment systems re cheque payment iro bank cheque.Procedural Law-viz rules of evidence ...

HH164-15 : JOSEPH NDUNA vs PROTON BAKERIES
Ruled By: MTSHIYA J

20 January 2015 and 18 February 2015 Labour Law-viz labour arbitration re registration of arbitral award iro section 98(14) of the Labour Act [Chapter 28:01].

HH160-15 : THE SHERIFF OF THE HIGH COURT and STEPHEN MUTUMHE vs RICHARD CHITAMBO
Ruled By: MTSHIYA J

22 January 2015 and 18 February 2015 Procedural Law-viz judicial attachment re inter pleader proceedings.Procedural Law-viz rules of evidence re documentary evidence.Law of Property-viz proof of title ...

HH160-10 : TONDERAI HAMANDISHE and GAMUCHIRAI SANGARE vs MAFFACK PROPERTIES (PVT) LTD
Ruled By: MTSHIYA J

4 May 2010 and 21 July 2010 Procedural Law-viz rules of evidence re documentary evidence.Law of Contract-viz variation of contracts re the whole agreement clause.Law of Contract-viz ...

HH158-09 : WILTON RENSBURG vs MARKO MAVHURUME N.O. and THE REGISTRAR OF DEEDS N.O and THE DEPUTY SHERIFF
Ruled By: MTSHIYA J

6 & 18 November 2009 and 9 December 2009 Law of Contract-viz verbal agreement.Law of Contract-viz oral agreement re purchase of property iro seller is deceased before transfer of ...

HH157-12 : JOROME OKEKE vs CHIEF IMMIGRATION OFFICER
Ruled By: MTSHIYA J

22-23 March 2012, 26 March 2012, 29 March 2012 and 4 April 2012 Immigration Law-viz status re temporary permit extension.Procedural Law-viz urgent application re urgency iro abstention from action until the day of ...

HH156-10 : STEPHEN HUDSON vs JOSEPH V. SITHOLE
Ruled By: MTSHIYA J

3 June and 21 July 2010 Procedural Law-viz summary judgment re Rule 64 of the High Court Rules.Procedural Law-viz summary judgement re debt.Law of Contract-viz debt ...

HH154-09 : PETHIAS CHITSUNGO vs D. MASUKU and RUWA LOCAL BOARD
Ruled By: MTSHIYA J

6 November and 2 December 2009 Procedural Law-viz payment into court re tender of payment.Law of Contract-viz specific performance re specific performance ex contractu.Law of Contract-viz ...

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