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Civil Cases by uchena j

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HH91-13 : ALPHEUS MAGUMISE vs CRESSY MAGUMISE (NEE DZINGIRAI)
Ruled By: UCHENA J

25, 28 February and 11 April 2013 Family Law-viz decree of divorce re civil marriage.Family Law-viz division of the assets of the spouses re direct contributions.Family Law-viz ...

HH89-10 : NATHAN CHILUFYA vs COMMISSIONER GENERAL OF POLICE and CO MINISTERS OF HOME AFFAIRS and OFFICER IN CHARGE ZRP CHIKURUBI DETENTION BARRACKS and CHIEF SUPT MUTODZA
Ruled By: UCHENA J

17, 18, and 21 May 2010 Procedural Law-viz urgent chamber application re stay of execution.Labour Law-viz discipline re misconduct proceedings iro section 35 of the Police ...

HH84-10 : ALBERT MATAPO and OTHERS vs MAGISTRATE BHILA and THE ATTORNEY GENERAL
Ruled By: UCHENA J

29 April, 10 and 14 May 2010 Procedural Law-viz urgent chamber application re stay of criminal proceedings.Procedural Law-viz postponement of proceedings.Procedural Law-viz deferment of trial proceedings.Constitutional Law-viz ...

HH818-15 : NAOMI MUKUNDU vs LAWRENCE CHIGUMADZI and TAKUNDA GUMBO and THE MASTER OF THE HIGH COURT
Ruled By: UCHENA J

29 July and 15 September 2015 Procedural Law-viz urgent application re custody of minors.Family Law-viz guardianship re minors.Family Law-viz custody re minors iro third party custodians.Procedural ...

HH81-10 : MILRITE FARMING (PRIVATE ) LIMITED vs ENOCK PORUSINGAZI and THE MINISTER OF LANDS AND RURAL RESETTLEMENT and FOUR OTHERS
Ruled By: UCHENA J

21, 22 and 23 April, 10 and 14 May 2010 Land Acquisition-viz eviction re section 3(2) of the Gazetted Land (Consequential Provisions) Act [Chapter 20:28].Land Acquisition-viz eviction re section 3(3) ...

HH76-10 : ROSEMARY CHINJAYANI vs MINISTER OF HOME AFFAIRS and COMMISSIONER OF POLICE and DETECTIVE INSPECTOR MUKOSI
Ruled By: UCHENA J

14 and 27 April 2010 and 3 May 2010 Law of Property-viz proof of title to movable property re motor vehicle iro registration book.Procedural Law-viz citation re party acting ...

HH75-10 : A.C. CONTROLS (PVT) LTD vs EMMANUEL MIDZI and ALPADETAIL (PVT) LTD t/a E AND Z ENTERPRISES P/L
Ruled By: UCHENA J

6 and 28 April 2010 Procedural Law-viz urgent chamber application.Competition Law-viz restraint of trade.Procedural Law-viz rules of construction re contractual provisions.Procedural Law-viz rules of interpretation ...

HH70-10 : CHURCH OF THE PROVINCE OF CENTRAL AFRICA vs ELSON M JAKAZI and ALEX & WEBB REALITY and THE REGISTRAR OF DEEDS
Ruled By: UCHENA J

8 and 16 April 2010 Canon Law-viz factionalism.Agency Law-viz mandate re mandate to sell immovable property.Procedural Law-viz consent order.Canon Law-viz factionalism re control of church ...

HH59-09 : TRUST CORPORATION SECURITIES (PRIVATE) LIMITED vs L.M. GABILO and DEVORGILLE KATSANZA
Ruled By: UCHENA J

22 January 2009 and 3 June 2009 Labour Law-viz discipline re suspension from duty.Labour Law-viz labour arbitration re arbitration proceedings.Procedural Law-viz rules of evidence re documentary evidence.Constitutional ...

HH586-15 : TEMBA MLISWA vs THE CHAIRPERSON (ZEC) and ZIMBABWE ELECTORAL COMMISSION and OTHERS
Ruled By: UCHENA J

8, and 9 June 2015 Electoral Law-viz electoral petitions re relief seeking abeyance of holding of elections iro political violence.Electoral Law-viz electoral applications re suspension ...

HH586-14 : WELLINGTON TAKAWIRA vs CZI INCORPORATED (PVT) LTD
Ruled By: UCHENA J

10 and 29 October 2014 Labour Law-viz employment contract re termination iro vested rights of ex employees.Labour Law-viz termination of contract of employment re vested ...

HH57-10 : AFRICAN CONSOLIDATED RESOURCES PLC and OTHERS vs MINISTER OF MINES AND MINING DEVELOPMENT and SECRETARY FOR MINES AND MINING DEVELOPMENT and CHIEF MINING COMMISSIONER
Ruled By: UCHENA J

9, 12, and 18 March 2010 Procedural Law-viz urgent chamber application.Company Law-viz legal personality re subsidiaries iro Group structures.Mining-viz mining claims.Procedural Law-viz citation re party acting ...

HH561-14 : JULIAN TINOTENDA MADONDO and MILLICENT NYARAI MEZA vs CECIL MADONDO
Ruled By: UCHENA J

16 and 18 July 2014 Procedural Law-viz urgent chamber application.Family Law-viz maintenance re major child.Procedural Law-viz final orders re ex tempore judgment.Procedural Law-viz rules of ...

HH56-15 : ESTATE LATE FIDELIS CHIWEDZA and OSBURGA NDHLOVU (Executrix Dative) vs LUISA GOMBARUME and POLKA EXECUTOR SERVICES and AFRICA REAL ESTATE and MAKUNIKE & PARTNERS and OTHERS
Ruled By: UCHENA J

11, 12, 17 September and 10 October 2014 and 22 January 2015 Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz declaratory order.Procedural Law-viz declaratur.Procedural Law-viz rules of evidence re ...

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HH540-16 : ALASTAIR SMITH vs ABIGAIL SMITH
Ruled By: UCHENA J

23 February, 2 and 3 April 2013; 5 and 29 May 2014; 16 and 18 March 2015, 6, 22 and 29 May 2015, 9 June 2015; 28 January, 6 and 7 April 2016, and 22 September 2016 Family Law-viz decree of divorce.Family Law-viz division of the assets of the spouses re direct and indirect contributions.Family Law-viz maintenance ...

HH509-14 : INNSCOR AFRICA LTD vs COMPETITION AND TARIFF COMMISSION and THE SHERIFF OF THE HIGH COURT OF ZIMBABWE
Ruled By: UCHENA J

17 September 2014 and 24 September 2014 Procedural Law-viz urgent chamber application re stay of execution.Procedural Law-viz lis alibi pendens.Procedural Law-viz pending litigation.Legal Practitioners-viz correspondence with the ...

HH465-15 : ELIAS GAMBAKWE and SANANGURAI MUCHAKABARWA and OTHERS vs HEBERT CHIMENE and BIKITA DISTRICT ADMINISTRATOR and MASVINGO PROVINCIAL ADMINISTRATOR and MINISTER OF LOCAL GOVERNMENT N.O.
Ruled By: UCHENA J

13 and 20 May 2015 Procedural Law-viz urgent application.Traditional Leadership-viz chieftainship re appointment of chief iro nomination process.Traditional Leadership-viz chieftainship re section 283 of the ...

HH41-13 : ESTATE LATE JEAN HEDLEY vs ANGWA CITY INVESTMENTS THREE (PVT) LTD and SAINT SEBASTIAN ESTATE AGENTS and ESTATE LATE ISRAEL GUMUNYU and REGISTRAR OF DEEDS and THE MASTER OF THE HIGH COURT
Ruled By: UCHENA J

29 November 2012 and 14 February 2013 Agency Law-viz curator bonis.Agency Law-viz estate agent.Estate Law-viz alienation of estate property.Estate Law-viz disposal of estate property re Master ...

HH38-08 : IAN MAKONE vs MOVEMENT FOR DEMOCRATIC CHANGE (MDC) and CHAIRPERSON, ZIMBABWE ELECTORAL COMMISSION and REGISTRAR-GENERAL OF VOTERS
Ruled By: UCHENA J

10,11and 13 March 2008 Procedural Law-viz urgent chamber application.Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz citation re electoral proceedings.Electoral Law-viz ...

HH37-08 : MOVEMENT FOR DEMOCRATIC CHANGE and MORGAN TSVANGIRAI vs CHAIRPERSON, ZIMBABWE ELECTORAL COMMISSION and CHIEF ELECTIONS OFFICER, ZIMBABWE ELECTORAL COMMISSION
Ruled By: UCHENA J

5, 6, 7, 8, 9 and 14 April 2008 Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz urgent chamber application.Constitutional Law-viz body established by the Constitution ...

HH365-13 : LYDIA MAURO (NEE) NYAMBO vs REGIS MAURO
Ruled By: UCHENA J

2, 3 September 2013 and 17 October 2013 Family Law-viz decree of divorce re civil marriage.Family Law-viz decree of divorce re civil marriage iro trretrievable breakdown of the ...

HH35-16 : SHINGISAI MARYLN NYAMUKUSA vs GILBERT KARENGA MASWERA
Ruled By: UCHENA J

21, 22 May, 26 June, 3, 6, 9, 10 July, 14, 15 September 2015, and 14 January 2016. Procedural Law-viz rules of evidence re admissions.Family Law-viz division of the assets of the spouses re tacit universal partnership.Law of ...

HH339-13 : MARYLOU PALACPAC MORTEN vs MARLENE DENISE KEMUI MORTEN and THE MASTER OF THE HIGH COURT
Ruled By: UCHENA J

4, 6 September and 10 October 2013 Estate Law-viz rights of beneficiaries re intestate succession iro surviving spouse.Procedural Law-viz absolution from the instance.Procedural Law-viz rules of evidence ...

HH321-14 : FORTUNATE CHIOKOYO vs RICHARD NDLOVU and CHARLES SIMBI and CHIEF ELECTIONS OFFICER (ZEC) and REGISTRAR GENERAL OF VOTERS
Ruled By: UCHENA J

10 April 2014 Procedural Law-viz rules of evidence re documentary evidence.Electoral Law-viz voters roll.Procedural Law-viz jurisdiction re electoral petitions.Procedural Law-viz jurisdiction re electoral ...

HH31-09 : JEPHAT GUTE vs AMOS JUMBE
Ruled By: UCHENA J

15, 22 January 2009 and 18 March 2009 Law of Contract-viz spoliation re leased property.Law of Contract-viz spoliation vis conversion and vindicatory action.Law of Property-viz lease re spoliation ...

HH291-14 : WILFORD EDWARD NYAMBO vs MAGISTRATE T. K. MAHWE. N.O. and PROSECUTOR GENERAL
Ruled By: UCHENA J

28 and 30 April and 18 June 2014 Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz urgent chamber application.Procedural Law-viz urgent application re stay of ...

HH27-09 : ZIMRE PROPERTY INVESTMENTS LI MITED vs JOANDRISA ANIMAL FEEDS (PVT) LTD
Ruled By: UCHENA J

29 January 2009 and 11 March 2009 Law of Property-viz lease agreement re termination iro lessee eviction.Law of Property-viz agreement of lease re cancellation iro lessee eviction.Procedural ...

HH27-08 : EDSON NYAMAPFENI vs CONSTITUENCY REGISTRAR MBERENGWA EAST and ZIMBABWE ELECTORAL COMMISSION and MINISTER OF JUSTICE and DOUGLAS MOMBESHORA and CLEVER KUGOTI
Ruled By: UCHENA J

22 February 2008 Procedural Law-viz appeal re electoral proceedings.Electoral Law-viz nomination proceedings.Procedural Law-viz citation re party acting in an official capacity.Electoral Law-viz voters ...

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HH267-10 : THE TRUSTEES OF THE LEONARD CHESHIRE HOMES ZIMBABWE CENTRAL TRUST vs ROBERT CHIITE and TOGAREPI CHIMBARANGA and ARTMORE DEMBEZEKE and OTHERS
Ruled By: UCHENA J

19 and 20 February, 13 March, 27, 29 and 30 May 2008; 24, 25 and 26 February, 11 March, 7 and 21 September, 28 and 29 October 2009; 15 and 16 February, 2 and 5 March, 6 and 7 April, 10 and 11 May, 2 September, and 15 December 2010 Trust Law-viz establishment of a Trust re Deed of Trust.Trust Law-viz trust beneficiaries.Law of Property-viz rei vindicatio re eviction.Law of ...

HH261-10 : ZENUS BANDA vs EUNICE TAYLOR, (substituted by) PAMELA LYNETTE YOUNG (EXECUTRIX of her Estate) and GABRIEL REAL ESTATES and REGISTRAR OF DEEDS and MRS V MATEKO
Ruled By: UCHENA J

18, 19 and 21 June 2007, 27, 28, 29 and 30 September, 8, 25 and 28 October, 9 and 19 November 2010 Procedural Law-viz citation re substitution of a party.Procedural Law-viz citation re joinder iro substitution of a party.Procedural Law-viz citation re ...

HH243-10 : COMMERCIAL WORKERS UNION OF ZIMBABWE vs TASARA ZVANDASARA and GILBERT KARIKUIMBA
Ruled By: UCHENA J

5, 7, 8 and 12 October 2010 Procedural Law-viz urgent chamber application.Procedural Law-viz ex parte application.Procedural Law-viz final orders re brutum fulmen judgment.Procedural Law-viz final orders re ...

Appealed
HH232-15 : MINISTER OF FOREIGN AFFAIRS vs MICHAEL JENRICH and STANDARD CHARTERED BANK ZIMBABWE LIMITED and THE SHERIFF OF ZIMBABWE
Ruled By: UCHENA J

14 January, 11, 18 and 20 February, and 11 March 2015 Procedural Law-viz urgent chamber application.Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz cause of action re proceedings ...

HH23-14 : AUSTEN GONESE vs LOWIS GONESE
Ruled By: UCHENA J

13 and 14 January 2014 Family Law-viz decree of divorce re civil marriage.Family Law-viz custody re minor child.Family Law-viz maintenance re minor children.Family Law-viz maintenance ...

HH204-14 : KENNETH DONALD ARRAND vs LORAINE JEAN ARRAND
Ruled By: UCHENA J

4, 11 February and 8 May 2014 Procedural Law-viz final orders re consent paper.Procedural Law-viz final order re consent order.Procedural Law-viz final order re order by consent.Family ...

HH20-08 : DANIEL SHUMBA vs CONSTITUENCY REGISTRAR, MR MUSHANGWE and CHAIRMAN OF ZIMBABWE ELECTORAL COMMISSION
Ruled By: UCHENA J

27 FEBRUARY 2008 Procedural Law-viz appeal re electoral proceedings.Electoral Law-viz electoral petitions re nomination proceedings.Procedural Law-viz citation re electoral proceedings.Procedural Law-viz citation re ...

HH197-14 : PELLAGIA NYAUDE vs INNOCENT RUNGANO NYAUDE
Ruled By: UCHENA J

6, 7, 13, March and 8 May 2014 Family Law-viz maintenance re spousal iro maintenance pending divorce.Procedural Law-viz costs re matrimonial matter iro contribution of costs towards divorce ...

HH192-15 : JAMILA MOKBEL vs HASSAN MOKBEL
Ruled By: UCHENA J

13 and 26 February 2015 Family Law-viz custody re minors.Procedural Law-viz rules of evidence re documentary evidence iro foreign legislation.Procedural Law-viz case authorities re foreign ...

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HH18-06 : MASIYIWA CLEOPHAS GONYE vs STELLA MARIS GONYE (NEE MUCHENJE)
Ruled By: UCHENA J

15 March, 19, 10 and 30 May, 1 June, 20 and 25 July, 7 and 8 November 2005 and 22 February 2006 Family Law-viz division of the assets of the spouses re direct contributions.Family Law-viz apportionment of matrimonial property re indirect contributions.Family ...

HH159-12 : URMILLA GIGA vs ALBION PROPERTIES and MESSENGER OF COURT HARARE and APPLISET INVESTMENTS (PVT) LTD
Ruled By: UCHENA J

28 November, 1 and 2 December 2011 Procedural Law-viz urgent application.Procedural Law-viz lease agreement re eviction proceedings iro Rule 4A of the Magistrates Court Rules.Procedural Law-viz agreement ...

HH15-09 : GRISON MUWIDZI vs OPTIMACK INVESTMENTS (PVT) LTD and REGISTRAR OF DEEDS
Ruled By: UCHENA J

27 November 2008 and 25 February 2009 Law of Contract-viz purchase and sale re purchase price iro payment terms.Banking Law-viz payment systems re RTGS payments.Procedural Law-viz rules ...

HH145-09 : TAKAVADA MAPFUMO vs PREMIER SERVICE MEDICAL INVESTMENTS (PVT) LTD AND DEPUTY SHERIFF AND RANGANAYI CHARLES MUBVUMBI
Ruled By: UCHENA J

9 June 2009 and 25 November 2009 Labour Law-viz employment contract re employee benefits iro voluntary motor vehicle scheme.Law of Contract-viz essential elements re consensus ad idem ...

HH141-15 : GOODWELL CHIPURIRO vs CITY OF HARARE
Ruled By: UCHENA J

2 and 4 February 2015 Procedural Law-viz urgent chamber application re urgency iro certificate of urgency.Local Authorities-viz impounding re vehicle impounding.Procedural Law-viz urgent application re ...

HH140-09 : CRUISER BOND (PRIVATE) LIMITED vs ZIMBABWE REVENUE AUTHORITY
Ruled By: UCHENA J

19 February, 29 July and 18 November 2009 Tax Law-viz imports re bonded warehouses iro value added tax.Tax Law-viz importation re bonded warehousing iro customs duty.Tax Law-viz importation ...

HH130-11 : THIRDLINE TRADING (PVT) LTD and ONCLASS INVESTMENTS (PVT) LTD vs BOKA INVESTMENTS (PVT) LTD and TOBACCO INDUSTRY & MARKETING BOARD
Ruled By: UCHENA J

24 February and 29 June 2011 Procedural Law-viz chamber application re default judgment.Procedural Law-viz default judgment re failure to enter appearance to defend.Procedural Law-viz final orders ...

HH119-10 : THE STATE vs SEKAI NDORO
Ruled By: UCHENA J

17 June 2010 Procedural Law-viz civil review.Family Law-viz guardianship re rights of guardianship.Family Law-viz custody re natural mother of the minor.Procedural Law-viz citation.Procedural ...

HH118-12 : CHIPO MUUSHA vs GIFT SARUCHERA and REGISTRAR OF THE HIGH COURT
Ruled By: UCHENA J

24 February and 7 March 2012 Family Law-viz division of matrimonial estate re award of percentage of value of immovable proeprty iro time limits set by ...

Appealed
HH108-12 : OLIVER CHIDAWU and BROADWAY INVESTMENTS and DANOCT INVESTMENTS and DANNOV INVESTMENTS vs JAYESH SHAH and TN ASSET MANAGEMENT and ISB SECURITIES and ZIMBABWE STOCK EXCHANGE and CORPSERVE
Ruled By: UCHENA J

15 and 18 November 2011 Procedural Law-viz urgent chamber application.Law of Contract-viz debt re debt security iro shares.Procedural Law-viz locus standi re party with an ...

HH101-15 : MICHAEL LESLIE MITCHELL STUBBS vs RENE STUBBS (nee DU PLOOY)
Ruled By: UCHENA J

28 and 29 January 2015 Legal Practitioners-viz correspondence with the court.Procedural Law-viz rules of evidence re evidence derived from previous litigation between the parties.Procedural Law-viz ...

HH10-10 : RANI INTERNATIONAL LIMITED vs BUBYE MINERALS (PVT) LTD AND ANOTHER
Ruled By: UCHENA J

16 February 2009, and 27 January 2010 Law of Contract-viz illegal agreement re in par delictum rule.Law of Contract-viz illegal agreement re prescription.Law of Contract-viz illegal principal ...

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