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Civil Cases

SC93-21 : RINOS TERERA vs GEORGE LOCK and CK HOLLAND t/a HOLLAND ESTATE AGENT and ZIMBABWE HOUSING COMPANY (PVT) LTD and THE REGISTRAR OF DEEDS
Ruled By: CHITAKUNYE AJA

19 May 2021 and 8 September 2021 Procedural Law-viz condonation re extension of time within which to note an appeal iro Rule 43 of the Supreme Court ...

Appealed
SC92-22 : VALENTINE ZISWA and MARGARET ZISWA vs GRAEME CHADWICK and LANDOS FARM (PRIVATE) LIMITED
Ruled By: UCHENA JA, MAKONI JA and KUDYA AJA

28 September 2020 and 29 July 2022 Procedural Law-viz appeal re cross appeal.Procedural Law-viz citation re multiple litigants.Company Law-viz legal personality re the act of incorporation.Procedural Law-viz ...

SC91-23 : OLD MUTUAL SHARED SERVICES (PRIVATE) LIMITED vs CHRISTMAS MAZARIRE and RETRENCHMENT BOARD
Ruled By: BHUNU JA, CHATUKUTA JA and MUSAKWA JA

11 May 2023 Procedural Law-viz appeal re labour proceedings.Procedural Law-viz appeal re cross-appeal.Procedural Law-viz review re labour proceedings.Procedural Law-viz final orders re entitlement ...

SC91-21 : ELPHAS MAPHISA vs CITY OF BULAWAYO
Ruled By: GUVAVA JA, UCHENA JA and CHITAKUNYE AJA

22 and 25 March 2021 Procedural Law-viz summary judgment re debt.Socio-Economic Law-viz water.Law of Contract-viz debt re contractual debt.Law of Contract-viz debt re statutory obligations.Procedural ...

SC91-20 : CONSTANTINE CHIMAKURE and ALPHA MEDIA HOLDINGS PL vs AMBASSADOR AGRIPPA MUTAMBARA and ESTER MUTAMBARA
Ruled By: GOWORA JA, MAKONI JA and BERE JA

1 April 2019 and 2 July 2020 Delict Law-viz defamation.Procedural Law-viz cause of action re exception.Procedural Law-viz rules of evidence re documentary evidence.Procedural Law-viz pleadings re striking ...

SC91-19 : MISHECK MABEZA vs SANDVIK MINING (2) CONSTRUCTION (PRIVATE) LIMITED
Ruled By: GOWORA JA, PATEL JA and BHUNU JA

31 October 2017 and 15 November 2019 Labour Law-viz discipline re disciplinary hearing iro insurbodination.Labour Law-viz discipline re misconduct proceedings iro insubordination.Labour Law-viz contract of employment re ...

SC89-21 : KENNEDY NGIRAZI and NAN JIANG MINE (PVT) LTD vs EMMANUEL RENSBURG and MEGAMANIA AUCTIONEERS and SHERIFF OF THE HIGH COURT N.O.
Ruled By: BHUNU JA, MATHONSI JA and CHIWESHE JA

15 June 2021 and 19 July 2021 Procedural Law-viz citation re party acting in an official capacity iro nominee officii.Procedural Law-viz citation re party acting in an ...

Appealed
SC89-20 : GOVATI MHORA vs EMMACULATA MHORA
Ruled By: HLATSHWAYO JA, BHUNU JA and UCHENA JA

15 November 2019; 14 February and 29 June 2020 Family Law-viz division of the assets of the spouses re jus in re proria.Law of Property-viz proof of title to ...

SC88-22 : LOT SYATIMBULA vs CITY OF VICTORIA FALLS (FORMERLY VICTORIA FALLS MUNICIPALITY)
Ruled By: GWAUNZA DCJ, MATHONSI JA and CHIWESHE JA

18 July and 20 July 2022 Procedural Law-viz jurisdiction re judicial deference iro remittal.Procedural Law-viz jurisdiction re judicial deference iro remittal order.Law of Property-viz vindicatory action ...

SC88-05 : OLIVINE INDUSTRIES (PRIVATE) LIMITED vs CAUTION NHARARA
Ruled By: CHEDA JA, MALABA JA and GWAUNZA JA

12 September 2005 and 7 March 2006 Labour Law-viz disciplinary verdict re reinstatement iro damages in lieu of reinstatement.Labour Law-viz legal representation re trade union representative.Legal Practitioners- ...

SC87-23 : CHRISTMAS MAZARIRE vs TAXING OFFICER and OLD MUTUAL (PRIVATE) LIMITED
Ruled By: MWAYERA JA

23 February 2022 Procedural Law-viz chamber application re review iro taxation of costs.Procedural Law-viz costs re taxation of costs iro Rule 56 of ...

Appealed
SC87-21 : RIO ZIM (PVT) LIMITED vs TRUST BANK CORPORATION LIMITED (In Liquidation)
Ruled By: MAKARAU JA, HLATSHWAYO JA and UCHENA JA

28 March 2019 and 6 July 2021 Insolvency Law-viz proceedings against an insolvent company re company in liquidation iro leave to sue an insolvent entity.Insolvency Law-viz proceedings ...

Appealed
SC87-20 : CECK ENTERPRISES PL vs MARIA SITHOLE and MATHIAS SITHOLE (represented by TAKURA MUKWESHA as Executrix Dative) and REGISTRAR OF DEEDS and MASTER OF THE HIGH COURT
Ruled By: GWAUNZA DCJ, HLATSHWAYO JA and BHUNU JA

30 January 2020 and 29 June 2020 Procedural Law-viz citation re party acting in an official capacity.Family Law-viz division of the assets of the spouses re prejudicial ...

Appealed
SC87-19 : PRECIOUS CHIPUNZA vs MOSLEY MASHINGAIDZE
Ruled By: PATEL JA, BHUNU JA and BERE JA

7 June and 8 November 2019 Law of Property-viz vindicatory action re eviction proceedings.Law of Property-viz rei vindicatio re eviction proceedings.Damages-viz holding over damages.Law of Property-viz ...

SC86-23 : GUTU RURAL DISTRICT COUNCIL vs JASON MUGAYO
Ruled By: GWAUNZA DCJ, MAKONI JA and CHITAKUNYE JA

17 July and 14 September 2023 Labour Law-viz discipline re disciplinary hearing iro conduct inconsistent with the fulfilment of the express or implied conditions of the ...

SC86-22 : CITY OF HARARE vs EVARISTO MUNGATE
Ruled By: GOWORA JA, MAKONI JA and BERE JA

16 October 2018 Procedural Law-viz final orders re entitlement of litigating parties to written reasons for judgment.Delict Law-viz liability re professional negligence.Damages-viz professional ...

SC86-20 : CONSTANTINE CHIWENGA vs MARRY MUBAIWA
Ruled By: GWAUNZA DCJ, GARWE JA and BHUNU JA

16 March 2020 and 25 June 2020 Family Law-viz custody re minors iro parents on separation.Procedural Law-viz pleadings re abandoned pleadings.Family Law-viz decree of divorce re customary ...

SC86-14 : W. CHOMUREMA and E. MUZOKOMBA vs TELONE
Ruled By: GWAUNZA JA

30 June 2014 and 29 January 2015 Procedural Law-viz final orders re procedural irregularities iro discretion of the court to dismiss a matter.Procedural Law-viz final orders re ...

SC85-23 : ZIMBABWE REVENUE AUTHORITY vs MUROWA DIAMONDS (PRIVATE) LIMITED
Ruled By: UCHENA JA, KUDYA JA and MWAYERA JA

29 October 2021 and 12 September 2023 Legal Practitioners-viz professional ethics.Tax Law-viz fiscal assessments.Tax Law-viz penalties re section 46 of the Income Tax Act [Chapter 23:06].Procedural Law-viz ...

SC85-22 : BERNARD MUTANGA vs TSITSI MUTANGA
Ruled By: MAVANGIRA JA, UCHENA JA and MUSAKWA JA

16 July 2021 and 29 July 2022 Family Law-viz division of the assets of the spouses re direct and indirect contributions.Company Law-viz un-incorporated associations re Trust iro ...

View Appeal
SC85-20 : JOHN LEGGETT and EARTHMOVING AND CONSTRUCTION COMPANY PL vs ASSWEL GURUPIRA and JEAN GURUPIRA and SANDRA MUIR and THE REGISTRAR OF DEEDS and THE SHERIFF and THE DEPUTY SHERIFF
Ruled By: GWAUNZA DCJ, GOWORA JA and PATEL JA

10 July 2018 and 25 June 2020 Company Law-viz shareholding re share transactions iro allotment of shares.Law of Property-viz proof of title re immovable property iro registered ...

SC85-14 : REMO INVESTMENT BROKERS (PRIVATE) LIMITED and MAHOMED IQBAL MAHMED and REZANA EBRAHIM and JOHN MOTSI vs SECURITIES COMMISSION OF ZIMBABWE
Ruled By: GARWE JA, GOWORA JA and PATEL JA

27 May 2013 and 5 December 2014 Administrative Law-viz the exercise of administrative discretion.Investment Law-viz securities.Procedural Law-viz appeal re findings of fact made by the lower tribunal.Procedural ...

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SC84-22 : TN HARLEQUIN LUXAIRE LTD vs MBERIKUNASHE MASVIMBO and 14 OTHERS
Ruled By: GARWE JA, HLATSHWAYO JA and GUVAVA JA

31 July 2017, 11 April and 15 July 2022 Procedural Law-viz court management re directions of the court.Procedural Law-viz court management re judicial directives.Procedural Law-viz final orders re reserved ...

SC84-20 : TIZAI CHISWANDA (in his capacity as father and guardian of CHIDOCHASHE CHISWANDA) vs OK ZIMBABWE LIMITED
Ruled By: GARWE JA, GOWORA JA and BERE JA

15 June 2018 and 22 June 2020 Procedural Law-viz cause of action re proceedings involving minors.Procedural Law-viz pleadings re amendment of pleadings iro amendment of grounds of ...

SC83-21 : DOMBO CHIBANDA and PINGO KANDORORO and JOHN KANDWE vs CITY OF HARARE
Ruled By: HLATSHWAYO JA

29 November 2019 and 29 June 2021 Procedural Law-viz condonation re application for extension of time to note an appeal iro Rule 43 of the Supreme Court ...

SC83-20 : ARISTON HOLDINGS LIMITED vs THE COMPETITION AND TARIFF COMMISSION OF ZIMBABWE
Ruled By: GWAUNZA DCJ, PATEL JA and MAKONI JA

13 February 2020 and 22 June 2020 Company Law-viz shareholding re share transactions iro mergers.Competition Law-viz merger re section 34 of the Competition Act [Chapter 14:28].Procedural Law-viz ...

Appealed
SC82-21 : TRIANGLE LIMITED and HIPPO VALLEY ESTATES LIMITED vs ZIMBABWE REVENUE AUTHORITY and OTHERS
Ruled By: GWAUNZA DCJ, MATHONSI JA and CHITAKUNYE AJA

18 May 2021 and 1 July 2021 Procedural Law-viz declaratory order re consequential relief.Procedural Law-viz declaratur re consequential relief.Law of Contract-viz contract of hire re provision of ...

SC82-20 : YAKUB MAHOMED vs JOHN BREDENKAMP and TANYARADZWA MASHAYAMOMBE N.O.
Ruled By: GWAUNZA DCJ, MAKONI JA and BERE JA

12 November 2019 and 2 July 2020 Procedural Law-viz citation re party acting in an official capacity iro nominus officiae.Procedural Law-viz costs re taxation of costs.Administrative Law-viz ...

SC81-23 : DISCENT BAJILA and FRANK MHLANGA and ADELAIDE MHLANGA and SANPOULOS MAPLANKA and OTHERS vs TATENDA MADZIRASHE and RAMSON CHINGWARA and LINDA MPOFU and OTHERS
Ruled By: UCHENA JA, CHITAKUNYE JA and MWAYERA JA

2 August 2023 and 3 August 2023 Procedural Law-viz court management re consolidation of matters.Procedural Law-viz court management re joinder of actions.Procedural Law-viz appeal re consolidation of ...

SC81-22 : EDMORE MAPONDERA and 55 OTHERS vs FREDA REBECCA GOLD MINE HOLDINGS LIMITED
Ruled By: MAVANGIRA JA, BHUNU JA and CHITAKUNYE JA

3 July 2021 and 14 July 2022 Procedural Law-viz citation re multiple litigants.Procedural Law-viz appeal re partial appeal.Procedural Law-viz appeal re multiple litigants.Procedural Law-viz appeal re labour ...

SC81-21 : FRANK HUMBE vs DESMOND MUCHINA and SPARKLES SERVICES (PVT) LTD and GODFREY MUNYAMANA and SHERIFF OF ZIMBABWE and FADZAYI MUNYAMANA
Ruled By: BHUNU JA, MATHONSI JA and KUDYA AJA

10 May 2021 and 1 July 2021 Procedural Law-viz urgent chamber application re stay of execution.Procedural Law-viz urgent application re stay of execution.Law of Property-viz proof of ...

SC81-14 : JORAM NYAHORA vs CFI HOLDINGS ( PRIVATE) LIMITED
Ruled By: ZIYAMBI JA, GWAUNZA JA and PATEL JA

28 January 2014 and 23 October 2014 Labour Law-viz employment contract re termination iro unlawful retention of employment benefits.Law of Property-viz vindicatory action re claim of right.Law ...

SC80-22 : MSWELANGUBO FARM (PVT) LTD and OBERT MPOFU and SIKHANYISIWE MPOFU vs KERSHELMAR FARMS (PVT) TD and ZEPHANIAH DHLAMINI and CHARLES MOYO and SIPHOSAMI MALUNGA
Ruled By: GWAUNZA DCJ, CHITAKUNYE JA and MWAYERA JA

23 March 2022 and 8 July 2022 Law of Property-viz mandament van spolie.Law of Property-viz spoliation order.Law of Property-viz land acquisition re lawful authority to occupy gazetted ...

SC80-21 : ALLEN GESSEN vs PRISCILLA CHIGARIRO
Ruled By: MATHONSI JA

2 June 2021 and 30 June 2021 Procedural Law-viz condonation re late noting of an appeal.Procedural Law-viz condonation re extension of time within which to note an ...

SC80-14 : DHL INTERNATIONAL (PRIVATE) LIMITED vs KEVIN TINOFIREYI
Ruled By: GWAUNZA JA, GOWORA JA and PATEL JA

14 November 2013 and 17 October 2014 Labour Law-viz contract of employment re termination.Labour Law-viz employment contract re alterations to conditions of service.Labour Law-viz contract of employment ...

SC79-23 : NTOMBIZODWA NHOWE vs REGISTRAR OF THE SUPREME COURT and MONICA GONDO
Ruled By: CHIWESHE JA

23 February 2023 Procedural Law-viz chamber application re reinstatement of an appeal iro Rule 70 of the Supreme Court Rules.Procedural Law-viz appeal re ...

Appealed
SC79-14 : DOUGLAS TANYANYIWA and DOUGLAS WARRIORS FOOTBALL CLUB vs LAWRENCE BERNARD GWARADA
Ruled By: ZIYAMBI JA, GOWORA JA and GUVAVA JA

23 May 2014 Partnership Law-viz nature of the business relationship.Partnership Law-viz dissolution.Procedural Law-viz appeal re grounds of appeal iro clarity of grounds of ...

Appealed
SC78-23 : SAVIOUR KASUKUWERE vs LOVEDALE MANGWANA and ZIMBABWE ELECTORAL COMMISSION and MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS
Ruled By: GUVAVA JA, BHUNU JA and CHATUKUTA JA

27 and 28 July 2023 Procedural Law-viz final orders re entitlement of litigating parties to written reasons for judgment.Procedural Law-viz citation re legal status of ...

SC78-21 : ZIMBABWE HOMELESS PEOPLES FEDERATION and OTHERS vs MINISTER OF LOCAL GOVERNMENT AND NATIONAL HOUSING and OTHERS
Ruled By: GARWE JA, MAVANGIRA JA and MATHONSI JA

14 September 2019 and 24 June 2021 Socio Economic Law-viz shelter.Constitutional Law-viz constitutional rights re shelter.Constitutional Law-viz constitutional rights re justiciability of constitutional rights.Procedural Law-viz citation re ...

SC78-20 : ADMIRE DAMANJERA vs ZIMBABWE REVENUE AUTHORITY
Ruled By: GARWE JA, GUVAVA JA and MATHONSI JA

6 March 2020 and 18 June 2020 Procedural Law-viz appeal re findings of fact made by the primary court.Labour Law-viz discipline re termination of employment contract iro ...

SC77-21 : TRIANGLE (PRIVATE) LIMITED vs FUNGAI MUTASA (NO) and OTHERS
Ruled By: GARWE JA, MAVANGIRA JA and MAKONI JA

4 June 2020 and 24 June 2021 Procedural Law-viz citation re party acting in an official capacity iro nominee officii.Procedural Law-viz citation re party acting in an ...

SC77-17 : JULIANA SABARAUTA vs LOCAL AUTHORITIES PENSION FUND and THE SHERIFF
Ruled By: GUVAVA JA, UCHENA JA and ZIYAMBI AJA

8 June 2017 Procedural Law-viz judicial attachment re interpleader proceedings.Law of Property-viz proof of title re movable property iro motor vehicle registration book.Procedural ...

Appealed
SC76-17 : CARE INTERNATIONAL IN ZIMBABWE vs ZIMBABWE REVENUE AUTHORITY and DESMOND MAMINIMINI and SURVIVAL HARDWARE (PRIVATE) LIMITED
Ruled By: GOWORA JA, HLATSHWAYO JA and BHUNU JA

8 February 2016 and 22 January 2018 Tax Law-viz customs and excise re seizure of goods.Tax Law-viz penalties.Procedural Law-viz jurisdiction re domestic remedies.Procedural Law-viz jurisdiction re internal ...

SC76-14 : FLORENCE CHIMUNDA vs ARNOLD ZIMUTO and LOVENESS ZIMUTO
Ruled By: ZIYAMBI JA

26 November 2013 and 30 September 2014 Procedural Law-viz condonation re late noting of an appeal iro Rule 5 of the Supreme Court Rules, 1964.Procedural Law-viz rules ...

Appealed
SC75-17 : EDWARD MADYAVANHU vs REGGIE SARUCHERA and GRANT THORNTON CAMELSA CHARTERED ACCOUNTANTS (ZIMBABWE) and CAIRNS FOODS LTD
Ruled By: GWAUNZA JA, GUVAVA JA and ZIYAMBI AJA

6 July 2017 Insolvency Law-viz liquidation re concursus creditorum.Procedural Law-viz final orders re entitlement of litigants to written reasons for judgment.Legal Practitioners-viz correspondence ...

SC74-22 : NEW LIFE COVENANT CHURCH vs TRUSTEES OF THE HARARE WETLANDS TRUST and DIRECTOR OF WORKS, CITY OF HARARE and CITY OF HARARE
Ruled By: MAVANGIRA JA, CHATUKUTA JA and MWAYERA JA

7 and 20 October 2021 Procedural Law-viz final orders re ex tempore judgement iro entitlement of litigating parties to written reasons for judgment.Procedural Law-viz citation ...

Appealed
SC74-20 : SHAILLON CHISWA vs CAR RENTAL SERVICES PL t/a AVIS RENT A CAR and BERNARD CHISWA
Ruled By: GARWE JA, MAVANGIRA JA and MAKONI JA

11 July 2019 and 12 June 2020 Law of Contract-viz contract of hire re car rental.Law of Contract-viz debt re acknowledgement of debt iro assumption of liability.Law ...

Appealed
SC74-14 : SUPERBAKE BAKERIES (PRIVATE) LIMITED vs RUMTOWERS SECURITY (PRIVATE) LIMITED
Ruled By: GWAUNZA JA, GARWE JA and GUVAVA JA

28 July and 30 July 2014 Procedural Law-viz summary judgment re claim for damages.Procedural Law-viz appeal re failure of appellant to appear before the court iro ...

SC73-19 : CUTHBERT DUBE vs PREMIER SERVICE MEDICAL AID SOCIETY and PREMIER SERVICE MEDICAL INVESTMENTS
Ruled By: GARWE JA

3 July and 19 September 2019 Procedural Law-viz citation re legal status of litigants iro the principle of legal persona.Procedural Law-viz locus standi re legal status ...

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SC73-18 : MINISTER OF FOREIGN AFFAIRS vs MICHAEL JENRICH and STANDARD CHARTERED BANK ZIMBABWE and SHERIFF OF ZIMBABWE
Ruled By: MALABA CJ, GARWE JA, GOWORA JA, GUVAVA JA and MAVANGIRA JA

19 March 2018 and 31 October 2018 Procedural Law-viz cause of action re proceedings against international organisations.Procedural Law-viz case authorities re overturning of a Supreme Court ruling.Procedural ...

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