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Civil Cases

Appealed
SC10-16 : N. SVOVA & OTHERS vs NATIONAL SOCIAL SECURITY AUTHORITY
Ruled By: ZIYAMBI JA GWAUNZA JA and MAVANGIRA JA

16 March 2015 and 11 March 2016 Procedural Law-viz summary judgment re eviction iro Rule 64.Procedural Law-viz appeal re leave to lead further evidence on appeal.Procedural Law-viz ...

Appealed
SC10-15 : ARAFAS MTAUSI GWARADZIMBA N.O. vs GURTA A.G.
Ruled By: GWAUNZA JA, GARWE JA and PATEL JA

25 February 2014 and 6 March 2015 Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz costs re apportioned costs.Insolvency Law-viz suing a company under ...

SC10-14 : OLIVER M. CHIDAWU and BROADWAY INVESTMENTS PL and DANOCT INVESTMENTS PL and DANNOV INVESTMENTS PL vs JAYESH SHAH and TN ASSET MANAGEMENT PL and ISB SECURITIES PL and TWO OTHERS
Ruled By: CHIDYAUSIKU CJ

2 December 2011 Procedural Law-viz appeal re application for hearing of an appeal on an urgent basis.Law of Property-viz judicial caveat re res ...

SC10-13 : BISHOP ELSON JAKAZI and THE BOARD OF TRUSTEES ANGLICAN DIOCESE OF MANICALAND vs ANGLICAN CHURCH CENTRAL AFRICA and REVEREND JOSEPH CHIPUDHLA and RIGHT REVEREND RALPH PETER HATENDI
Ruled By: ZIYAMBI JA

10 December 2012 and 21 February 2013 Procedural Law-viz rules of court re Supreme Court Rules iro Rule 5.Procedural Law-viz rules of court re Supreme Court Rules ...

Appealed
SC10-12 : DANISO WAKATAMA and IVORY MATANHIRE and JAPHET KABANGA and BINDURA MUNICIPALITY vs TINASHE MADAMOMBE
Ruled By: ZIYAMBI JA, GARWE JA and CHEDA JA

8 November 2010 Local Authorities-viz mayoral appointment re section 103 of the Urban Councils Act [Chapter 29:15].Procedural Law-viz citation re non-citation of an ...

SC10-09 : FARAI NIGEL CHITSINDE vs NYASHA AMANDA CHITSINDE AND STANNY MUSA
Ruled By: GARWE JA

October 8, November 14 & 21, 2008 & January 20, 2009 Procedural Law-viz application re application for an extension in which to appeal.Procedural Law-viz application re application for condonation for late ...

Appealed
SC09-21 : ANDERSON MANJA and 98 OTHERS vs SHERIFF OF ZIMBABWE and GURTA MINING AG
Ruled By: MAVANGIRA JA, UCHENA JA and MATHONSI JA

23 October 2020 and 9 March 2021 Procedural Law-viz judicial attachment re interpleader proceedings.Law of Property-viz proof of title re immovable property.Procedural Law-viz final orders re judicial ...

SC09-19 : DELTA BEVERAGES (PRIVATE) LIMITED vs ZIMBABWE REVENUE AUTHORITY
Ruled By: BHUNU JA

1 June 2017 and 19 February 2019 Procedural Law-viz appeal re leave to appeal iro Rule 30(c) of the Supreme Court Rules.Procedural Law-viz rules of court re ...

SC09-16 : PETER MAFUNDA vs ZIMBABWE ENERGY REGULATORY AUTHORITY
Ruled By: HLATSHWAYO JA, MAVANGIRA JA and UCHENA JA

26 October 2015 and 4 March 2016 Labour Law-viz employment contract re public service iro section 14 of the Public Service Regulations, S.I.1 of 2000 iro secondment.Labour ...

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SC09-15 : INTER-AGRIC (PRIVATE) LIMITED vs ALLAN MUDAVANHU AND TWELVE OTHERS
Ruled By: MALABA DCJ, GOWORA JA and HLATSHWAYO JA

18 October 2013 and 10 March 2015 Labour Law-viz employment contract re termination.Labour Law-viz labour arbitration re terms of reference.Labour Law-viz contract of employment re alteration to ...

SC09-14 : MARANGE APOSTOLIC CHURCH OF ST JOHANNE and ISRAEL RUWOKO vs CLEMENCE MOMBERUME
Ruled By: GWAUNZA JA, GOWORA JA and PATEL JA

7 February and 21 February 2014 Canon Law-viz factionalism.Procedural Law-viz pleadings re withdrawal of proceedings.Procedural Law-viz rules of evidence re documentary evidence.

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SC09-13 : GOLD DRIVEN INVESTMENTS (PRIVATE) LIMITED vs TELONE (PVT) LIMITED and A.R. GUBBAY N.O.
Ruled By: MALABA DCJ, ZIYAMBI JA and OMERJEE AJA

9 October 2012 and 25 February 2013 Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz civil review re arbitration proceedings.Procedural Law-viz pleadings re admissions ...

SC09-12 : THE COLD CHAIN (PRIVATE) LIMITED vs ROBSON MAKONI
Ruled By: SANDURA JA, ZIYAMBI JA and GARWE JA

5 OCTOBER 2010 and 28 FEBRUARY 2012 Law of Delict-viz vicarious liability.Procedural Law-viz civil appeal re leave to adduce further evidence in appeal proceedings.Procedural Law-viz civil appeal ...

SC09-09 : CARNAUD METAL BOX (PVT) LTD vs BONIFACE MWONZORA AND TWENTY-THREE OTHERS
Ruled By: CHEDA JA, ZIYAMBI JA and MALABA JA

March 3, 2008 & May 19, 2009 Labour Law-viz code of conduct re collective job action iro lawfulness.

Appealed
SC08-21 : WELLI-WELL (PVT) LTD vs MALVERN IMBAYAGO and THE SHERIFF OF ZIMBABWE
Ruled By: BHUNU JA, MATHONSI JA and CHITAKUNYE AJA

9 October 2020 and 9 March 2021 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 ...

Appealed
SC08-19 : AUGUR INVESTMENTS OU vs FAIRCLOT INVESTMENTS (PVT) LTD t/a T & C CONSTRUCTION and D.L. CRUTTENDEN
Ruled By: GWAUNZA JA, MAVANGIRA JA and BHUNU JA

16 October 2017 and 11 February 2019 Procedural Law-viz final orders re the final and conclusive rule iro arbitral awards.Procedural Law-viz final orders re setting aside of ...

SC08-18 : MUNYARADZI HOVE vs ZIMPHOS LIMITED and REGISTRAR OF THE SUPREME COURT and SHERIFF FOR ZIMBABWE
Ruled By: ZIYAMBI AJA

24 January 2018 Procedural Law-viz condonation re late noting of an application iro Rule 5 of the Supreme Court Rules.Procedural Law-viz service of ...

SC08-17 : JOYCE MUZANENHAMO vs FISHTOWN INVESTMENTS (PRIVATE) LIMITED and CALENDFEB (PRIVATE) LIMITED and BERTHA MUZANENHAMO and THE SHERIFF OF THE HIGH COURT OF ZIMBABWE
Ruled By: MALABA DCJ, GOWORA JA and MAVANGIRA JA

12 January 2016 and 16 February 2017 Procedural Law-viz judicial attachment re interpleader proceedings.Procedural Law-viz service of court process re contractual address for service iro domicilium citandi ...

SC08-16 : CFI RETAIL (PRIVATE) LIMITED vs ERIC MANYIKA
Ruled By: MALABA DCJ, ZIYAMBI JA and GOWORA JA

6 July 2015 Procedural Law-viz unfair labour practices.Procedural Law-viz the dirty hands principle re arbitral awards.Procedural Law-viz appeal re labour proceedings iro section ...

Appealed
SC08-15 : TENDAI SAVANHU vs HWANGE COLLIERY COMPANY
Ruled By: ZIYAMBI JA, GOWORA JA and MAVANGIRA AJA

30 May 2014 Law of Property-viz vindicatory action re claim of right.Law of Property-viz rei vindicatio re claim of right.Procedural Law-viz rules of ...

Appealed
SC08-14 : SIMBA MUKAMBIRWA and OTHERS vs THE GOSPEL OF GOD CHURCH INTERNATIONAL 1932
Ruled By: GARWE JA, GOWORA JA and OMERJEE AJA

29 October 2012 and 27 February 2014 Procedural Law-viz pleadings re counter claim.Procedural Law-viz pleadings re counter application.Procedural Law-viz pleadings re claim in reconvention.Canon Law-viz canonical disputes ...

SC08-13 : NOBILITY DIMBI vs RONWEN INVESTMENT (PVT) LTD
Ruled By: MALABA DCJ, ZIYAMBI JA and OMERJEE AJA

8 October 2012 Law of Property-viz rei vindicatio re eviction iro claim of right.Law of Property-viz vindicatory action re eviction iro incidental possessor.Procedural ...

SC08-11 : ERIC FILON vs PUBLIC SERVICE COMMISSION and THE SECRETARY FOR WATER RESOURCES
Ruled By: CHIDYAUSIKU CJ

30 March 2010 and 16 March 2011 Procedural Law-viz final orders re composition of the Bench iro incapacitation of a presiding officer.Procedural Law-viz appeal re leave to ...

SC08-09 : NMBZ HOLDINGS LTD vs THE LIQUIDATOR OF CONTINENTAL SECURITIES TRADING PRIVATE LIMITED
Ruled By: CHEDA JA

October 29, 2008 & February 4, 2009 Procedural Law-viz appeals re application for an extension of time to note an appeal iro supreme court rules.Procedural Law-viz appeals ...

SC07-22 : POLICE SERVICE COMMISSION and THE COMMISSIONER GENERAL OF POLICE vs DHERERAI MANYONI
Ruled By: GUVAVA JA, UCHENA JA and KUDYA AJA

28 May 2021 Labour Law-viz review re misconduct proceedings iro police service.Procedural Law-viz final orders re procedural irregularities iro discretion of the court ...

SC07-20 : FARAI BWATIKONA ZIZHOU vs THE TAXING OFFICER and RITA MARQUE MBATHA
Ruled By: MAKARAU JA

13 November 2019 and 20 January 2020 Procedural Law-viz costs re taxation of costs iro Rule 56 of the Supreme Court Rules.Procedural Law-viz costs re taxation of ...

SC07-18 : JULIUS MAKONI vs PAULINE MAKONI and THE REGISTRAR OF DEEDS
Ruled By: BHUNU JA

10 October 2016 and 15 February 2018 Procedural Law-viz condonation re late noting of an appeal iro Rule 31 of the Supreme Court Rules.Procedural Law-viz rules of ...

SC07-17 : CHRIS STYLIANOU and FRED DRIVER AND SONS (PVT) LTD and D.R. HENDRY (PVT) LTD vs MOSES MUBITA AND 25 OTHERS
Ruled By: GWAUNZA JA, GUVAVA JA and BHUNU JA

29 March 2016 Procedural Law-viz final orders re entitlement of litigants to written reasons for judgment.Procedural Law-viz citation re multiple litigants.Procedural Law-viz appeal ...

SC07-15 : CHRISTOPHER SAMSON vs WINDMILL (PRIVATE) LIMITED
Ruled By: GARWE JA, GOWORA JA and HLATSHWAYO JA

11 June 2013 and 26 February 2015 Labour Law-viz employment contract re termination.Procedural Lw-viz appeal re findings of fact made by the trial court.Procedural Law-viz rules of ...

Appealed
SC07-14 : TEEJAY SIBANDA vs HILDA M SIBANDA
Ruled By: GWAUNZA JA, GARWE JA and GOWORA JA

2 September 2013 and 20 February 2014 Family Law-viz division of the assets of the spouses re section 7(1) of the Matrimonial Causes Act [Chapter 5:13] iro ...

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SC07-13 : CLADIUS CHENGA vs VIRGINIA CHIKADAYA and ZAKEYO CHIKADAYA and BEAUTY MPOFU and REGISTRAR OF DEEDS
Ruled By: GARWE JA, GOWORA JA and OMERJEE AJA

20 November 2012 and 25 February 2013 Agency Law-viz possession with indicia of dominium.Agency Law-viz possession with indicia of jus disponendi.Law of Property-viz proof of title to ...

SC07-09 : ASHANTI GOLDFIELDS ZIMBABWE LTD vs CLEMENTS KOVI
Ruled By: SANDURA JA, CHEDA JA and ZIYAMBI JA

24 June 2008 and 23 February 2009 Procedural Law-viz rules of evidence re documentary evidence.Law of Contract-viz Memorandum of Understanding.Law of Contract-viz option.Law of Contract-viz agreement to ...

Appealed
SC06-21 : OLIVER MASOMERA (as Executor Dative of Estate late Bryan James Rhodes) vs GIDEON HWEMENDE and OTHERS
Ruled By: PATEL JA, BHUNU JA and BERE JA

19 September 2019 and 23 March 2021 Procedural Law-viz final orders re rescission of judgment.Procedural Law-viz final orders re parties bound by a court order iro ...

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SC06-17 : THOUSAND SADZIWANI vs NATPAK (PRIVATE) LIMITED
Ruled By: GWAUNZA JA, PATEL JA and GUVAVA JA

26 June 2015 Labour Law-viz employment contract re termination.Labour Law-viz contract of employment re termination.Procedural Law-viz rules of evidence re unchallenged evidence iro ...

SC06-16 : CIMAS MEDICAL AID SOCIETY vs TAPIWA NYANDORO
Ruled By: MALABA DCJ, HLATSHWAYO JA and MAVANGIRA AJA

27 March 2015 and 25 February 2016 Labour Law-viz disciplinary hearings re suspension of an employee pending disciplinary proceedings.Labour Law-viz labour arbitration re terms of reference.Labour Law-viz ...

SC06-15 : BALLANTYNE BUTCHERY (PRIVATE) LIMITED t/a DANMEATS vs EDMORE CHISVINGA & OTHERS
Ruled By: GWAUNZA JA, GARWE JA and PATEL JA

24 February 2014 and 26 February 2015 Labour Law-viz labour arbitration.Labour Law-viz retrenchment agreement.Labour Law-viz severance agreement.Procedural Law-viz waiver re waiver of rights iro inordinate delay in ...

SC06-14 : ZIMASCO (PRIVATE) LIMITED vs MAYNARD MARIKANO
Ruled By: GARWE JA, GOWORA JA and OMERJEE AJA

30 October 2013 and 13 January 2014 Procedural Law-viz affidavits re supplementary affidavits iro further heads of argument.Procedural Law-viz pleadings re heads of argument iro supplementary heads ...

SC06-13 : UNIVERSITY OF ZIMBABWE vs KWANELE MURIEL JIRIRA and LOUIS MASUKO and THE DEPUTY SHERIFF, HARARE N.O.
Ruled By: ZIYAMBI JA

20 November and 10 January 2013 Procedural Law-viz citation re party acting in an official capacity iro nominus officiae.Procedural Law-viz urgent chamber application re stay of ...

SC06-12 : INNSCOR AFRICA (PVT) LTD vs LETRON CHIMOTO
Ruled By: MALABA DCJ, GARWE JA and OMERJEE AJA

30 January 2012 Labour Law-viz contract of employment re termination iro section 7 of S.I.15 of 2006.Labour Law-viz contract of employment re termination ...

Appealed
SC06-11 : DARREN STEWART THORNTON vs KATHLEEN ENID THORNTON
Ruled By: ZIYAMBI JA, GARWE JA and CHEDA AJA

18 October 2010 and 16 May 2011 Family Law-viz maintenance re variation of maintenance order.Family Law-viz maintenance re disclosure of income and expenditure.Procedural Law-viz rules of evidence ...

SC05-21 : GIFT KONJANA vs DEXTER NDUNA
Ruled By: PATEL JA, BHUNU JA and BERE JA

29 July 2019 and 23 March 2021 Electoral Law-viz electoral petition re nullification of an election iro proclamation.Electoral Law-viz electoral petition re nullification of election iro declaration ...

SC05-20 : GRANDWELL HOLDINGS PL vs ZIMBABWE MINING DEVELOPMENT CORPORATION and MARANGE RESOURCES PL and MBADA DIAMONDS PL
Ruled By: GWAUNZA DCJ, MAVANGIRA JA and MATHONSI JA

21 October 2019 and 16 January 2020 Company Law-viz joint ventures.Procedural Law-viz rules of evidence re documentary evidence.Administrative Law-viz the exercise of administrative discretion.Mining-viz mining grants.Law of ...

Appealed
SC05-19 : TETRAD INVESTMENT BANK LTD (Under Judicial Management) vs BINDURA UNIVERSITY OF SCIENCE EDUCATION and THE SHERIFF OF ZIMBABWE
Ruled By: GWAUNZA JA, GUVAVA JA and MAVANGIRA JA

29 January 2018 and 22 February 2019 Procedural Law-viz citation re party acting in an official capacity.Insolvency Law-viz proceedings against a company under judicial management.Procedural Law-viz appeal ...

Appealed
SC05-18 : JENNIFER BROOKER and ADRIENNE PIERCE vs RICHARD MUDHANDA and THE REGISTRAR OF DEEDS
Ruled By: GOWORA JA, HLATSHWAYO JA and BHUNU JA

6 June 2016 and 5 February 2018 Procedural Law-viz consolidation of matters.Procedural Law-viz cause of action re special plea iro prescription.Law of Contract-viz specific performance re specific ...

SC05-17 : ZIMROCK INTERNATIONAL (PRIVATE) LIMITED vs TRISH KABUBI
Ruled By: ZIYAMBI JA, GARWE JA and GUVAVA JA

12 September 2013 and 2 February 2017 Labour Law-viz employment contract re termination.Procedural Law-viz the dirty hands principle re arbitral awards.Procedural Law-viz appeal re arbitration proceedings iro ...

SC05-16 : ZIMBABWE OPEN UNIVERSITY vs GIDEON MAGARAMOMBE and DEPUTY SHERIFF HARARE N.O.
Ruled By: MALABA DCJ, GWAUNZA JA and MAVANGIRA AJA

13 May 2014 and 23 February 2016 Procedural Law-viz urgent chamber application re stay of execution.Procedural Law-viz appeal re leave to lead further evidence on appeal.Procedural Law-viz ...

SC05-15 : INNSCOR AFRICA (PRIVATE) LIMITED vs TERRENCE GWATIDZO
Ruled By: ZIYAMBI JA, GWAUNZA JA and PATEL JA

25 September 2014 and 19 February 2015 Labour Law-viz employment contract re termination.Procedural Law-viz appeal re labour proceedings iro issues raised on appeal for the first time ...

SC05-13 : IGNATIOUS CHOMBO vs PARLIAMENT OF ZIMBABWE and SPEAKER OF PARLIAMENT and PRESIDENT OF THE SENATE and CLERK OF PARLIAMENT and TANGWARA MATIMBA and HON. SIMON HOVE
Ruled By: CHIDYAUSIKU CJ, ZIYAMBI JA and GARWE JA and GOWORA JA and OMERJEE AJA

24 January and 20 May 2013 Constitutional Law-viz constitutionality of statutory provisions re Private Bills.Constitutional Law-viz constitutionality of statutory provisions re Private Bills iro the Urban ...

SC05-12 : MASHONALAND TURF CLUB vs GEORGE MUTANGADURA
Ruled By: ZIYAMBI JA, GARWE JA and GOWORA AJA

6 February 2012 Labour Law-viz employment contract re termination iro insurbodination.Labour Law-viz contract of employment re termination iro insubordination.Labour Law-viz employment contract re ...

SC05-09 : FLOWERDALE INVESTMENTS (PRIVATE) LIMITED AND ANOTHER vs BERNARD CONSTRUCTION (PRIVATE) LIMITED AND TWO OTHERS
Ruled By: CHIDYAUSIKU CJ, SANDURA JA and GWAUNZA JA

February 19, 2008 & February 18, 2009 Law of Contract-viz res judicata.Procedural Law-viz cause of action re res judicata.Procedural Law-viz sale in execution re court rules.Procedural ...

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