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Civil Cases

SC115-21 : ANDREW CHIGOVERA vs MINISTER OF ENERGY AND POWER DEVELOPMENT and ZIMBABWE ELECTRICITY TRANSMISSION AND DISTRIBUTION COMPANY (ZETDC)
Ruled By: GUVAVA JA, MAVANGIRA JA and KUDYA AJA

7 July 2020 and 15 October 2021 Procedural Law-viz declaratory order re consequential relief.Procedural Law-viz declaratur re consequential relief.Law of Contract-viz debt re contractual.Energy and Power Law-viz ...

SC112-21 : OLIVER BWITITI vs STANLEY FARMS (PRIVATE) (LIMITED) and OTHERS
Ruled By: MWAYERA JA

30 June 2021 and 12 October 2021 Procedural Law-viz chamber application re condonation.Procedural Law-viz condonation re extension of time within which to to note an appeal iro ...

SC111-04 : ASSOCIATED NEWSPAPERS OF ZIMBABWE (PRIVATE) LIMITED vs THE MINISTER OF STATE FOR INFORMATION AND PUBLICITY and MEDIA AND INFORMATION COMMISSION and THE ATTORNEY-GENERAL OF ZIMBABWE
Ruled By: CHIDYAUSIKU CJ, CHEDA JA, ZIYAMBI JA, MALABA JA and GWAUNZA JA

3 March 2004 and 14 March 2005 Procedural Law-viz consolidation of matters.Broadcasting and Media Law-viz registration of mass media providers re section 66 of the Access to ...

Appealed
SC110-21 : UPSET INVESTMENTS (PRIVATE) LIMITED vs CHITUNGWIZA MUNICIPALITY
Ruled By: GARWE JA, HLATSHWAYO JA and BHUNU JA

29 September 2017 and 12 October 2021 Law of Contract-viz purchase and sale re purchase price.Law of Contract-viz debt re contractual iro proof of claim.Law of Contract-viz ...

SC11-22 : ZIMBABWE ANTI-CORRUPTION COMMISSION vs GIBSON MANGWIRO and CHRISTOPHER CHISANGO
Ruled By: KUDYA AJA

18 May 2021 and 1 February 2022 Procedural Law-viz citation re legal status of litigants iro the principle of legal persona.Procedural Law-viz locus standi re legal status ...

SC11-21 : TENDAI BONDE vs NATIONAL FOODS LTD and LOVEJOY NYANDORO [as Chairman of Appeals Committee] and CHIPO NHETA [as Chairman of Works Council]
Ruled By: GUVAVA JA

15 October 2020 and 22 March 2021 Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz appeal re leave to appeal iro labour proceedings.Procedural Law-viz ...

SC11-19 : MEDECINS SANS FRONTIERS (MSF) BELGIUM vs VENGAI NHOPI and OTHERS
Ruled By: HLATSHWAYO JA, PATEL JA and MAVANGIRA JA

12 September 2017 and 22 February 2019 Labour Law-viz employment contract re fixed term contracts.Labour Law-viz unfair labour practices re unfair dismissal iro section 12 of the ...

Appealed
SC11-18 : ALBAN GERARD BOWERS vs SHARIFFA PRECIOUS BOWERS
Ruled By: GWAUNZA JA, GOWORA JA and HLATSHWAYO JA

11 July 2017 Procedural Law-viz pleadings re amendment of pleadings iro amendment of declaration.Family Law-viz decree of divorce re contribution towards a spouses's ...

Appealed
SC11-15 : PERUKE INVESTMENTS (PRIVATE) LIMITED vs WILLOUGHBY'S INVESTMENTS (PRIVATE) LIMITED and THE HONOURABLE MR. JUSTICE (RETIRED) A.R. GUBBAY SC
Ruled By: GOWORA JA, HLATSHWAYO JA and PATEL JA

10 October 2014 and 19 March 2015 Procedural Law-viz final orders re setting aside final order iro arbitral awards.Law of Contract-viz commercial arbitration.Law of Contract-viz undocumented transactions.Procedural ...

SC11-14 : DOUGLAS SHUMBAYAONDA vs MINISTRY OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS and M. RANGA, N.O.
Ruled By: ZIYAMBI JA, GARWE JA and HLATSHWAYO JA

4 February and 25 February 2014 Procedural Law-viz citation re party acting in an official capacity.Labour Law-viz employment contract re disciplinary hearings.Labour Law-viz contract of employment ...

SC11-13 : ZIMBABWE EDUCATIONAL, SCIENTIFIC, SOCIAL AND CULTURAL WORKERS UNION vs WELFARE EDUCATIONAL INSTITUTIONS EMPLOYERS ASSOCIATION
Ruled By: MALABA DCJ, ZIYAMBI JA and GOWORA JA

5 June 2012 and 26 February 2013 Labour Law-viz labour arbitration.Procedural Law-viz civil appeal re arbitration iro voluntary arbitration proceedings.Procedural Law-viz civil review re labour arbitration iro ...

SC11-12 : JESTINA MUKOKO vs THE ATTORNEY-GENERAL
Ruled By: CHIDYAUSIKU CJ, MALABA DCJ, SANDURA JA, ZIYAMBI JA and GARWE JA

25 June 2009 and 20 March 2012 Constitutional Law-viz criminal prosecution re permanent stay of prosecution.Constitutional Law-viz criminal arrest re obligations of security personnel.Constitutional Law-viz constitutional rights ...

SC11-11 : PHILLIP HLUPENI vs UNIFREIGHT (PRIVATE) LIMITED
Ruled By: CHIDYAUSIKU CJ

20 January 2010 and March 2011 Procedural Law-viz postponement of proceedings re deferment of a matter sine die.Procedural Law-viz deferment of a matter re postponement sine ...

SC11-09 : CAPS UNITED FOOTBALL CLUB (PRIVATE) LIMITED vs CAPS HOLDINGS LIMITED AND THREE OTHERS
Ruled By: SANDURA JA, CHEDA JA and GWAUNZA JA

June 12, 2007 & February 18, 2009 Procedural Law-viz dispute of fact re urgent chamber application.

SC11-08 : DOCTOR DANIEL SHUMBA and ADVOCATE BRUCE CHIOTA vs THE ZIMBABWE ELECTORAL COMMISSION and MR MUSHANGWE N.O.
Ruled By: CHIDYAUSIKU CJ, SANDURA JA, ZIYAMBI JA, MALABA JA and GARWE JA

22 May and 1 August 2008 Procedural Law-viz citation re party acting in an official capacity iro nominus officiae.Constitutional Law-viz constitutional rights re freedom of association ...

SC108-21 : VALENTINE MUSHAYAKURARA vs ZIMBABWE LEAF TOBACCO COMPANY (PRIVATE) LIMITED
Ruled By: MALABA CJ, UCHENA JA and CHIWESHE AJA

16 November 2020 Law of Contract-viz intent re the parole evidence rule.Law of Contract-viz animus contrahendi re the integration rule.Law of Contract-viz intent ...

SC108-20 : SPENCER TSHUMA vs KEVIN MAGWAZA and SEBASTIN MAGODO and MINISTER OF MINES N.O. and HONOURABLE KUBONERA N.O. and PROVINCIAL MINING DIRECTOR, MASH WEST N.O. and SHERIFF FOR ZIMBABWE N.O.
Ruled By: UCHENA JA

1 July and 28 July 2020 Procedural Law-viz citation re party acting in an official capacity iro nominus officiae.Procedural Law-viz urgent chamber application.Procedural Law-viz appeal re ...

SC107-21 : METALLON GOLD ZIMBABWE (PVT) LTD and OTHERS vs SHATIRWA INVESTMENTS (PVT) LTD and ASSOCIATED MINE WORKERS UNION OF ZIMBABWE and MASTER OF THE HIGH COURT and REGISTRAR OF COMPANIES
Ruled By: MALABA CJ, BHUNU JA and CHIWESHE AJA

23 March and 7 October 2021 Insolvency Law-viz corporate rescue re section 124 of the Insolvency Act [Chapter 6:07].Procedural Law-viz consolidation of matters.Procedural Law-viz joinder of ...

SC107-20 : COLCOM FOODS LIMITED vs TARUVA TARUVA
Ruled By: GWAUNZA DCJ, GUVAVA JA and MATHONSI JA

18 June 2020 and 28 July 2020 Procedural Law-viz final orders re setting aside a final order iro arbitral awards.Labour Law-viz employment contract re transfer of employees.Procedural ...

SC106-21 : CAIRNS FOODS LIMITED vs NETRADE MARKETING (PVT) LTD
Ruled By: MATHONSI JA, CHIWESHE JA and CHITAKUNYE JA

8 July 2021 and 5 October 2021 Competition Law-viz trademark infringement re section 9 of the Trademarks Act [Chapter 26:04].Procedural Law-viz appeal re interlocutory orders iro effect ...

SC105-21 : WALTER MAGAYA vs ZIMBABWE GENDER COMMISSION
Ruled By: GOWORA JA, PATEL JA and UCHENA JA

10 March 2020 and 5 October 2021 Procedural Law-viz locus standi re legal status of litigants iro body established by the Constitution.Constitutional Law-viz body established by the ...

SC105-20 : CHRISTMAS MAZARIRE vs THE RETRENCHMENT BOARD and OLD MUTUAL SHARED SERVICES (PVT) LTD
Ruled By: MAKARAU JA, GOWORA JA and HLATSHWAYO JA

10 June 2019 and 17 July 2020 Labour Law-viz retrenchment.Labour Law-viz severance agreements.Procedural Law-viz rules of evidence re documentary evidence.Procedural Law-viz cause of action re failure to ...

Appealed
SC103-21 : IRENE MHLANGA vs MIKE MHLANGA
Ruled By: GWAUNZA DCJ, MATHONSI JA and CHITAKUNYE AJA

18 May 2021 and 1 October 2021 Procedural Law-viz final orders re ex tempore judgment iro entitlement of litigating parties to written reasons for judgement.Law of Property-viz ...

SC103-20 : VERITAS and FIRINNE TRUST ALSO KNOWN AS VERITAS vs ZIMBABWE ELECTORAL COMMISSION and MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS and ATTORNEY GENERAL OF ZIMBABWE
Ruled By: GOWORA JA, GUVAVA JA and BHUNU JA

5 March 2019 and 17 July 2020 Procedural Law-viz locus standi re legal status of a litigating party iro voluntary association.Procedural Law-viz locus standi re legal status ...

SC102-21 : DOVES FUNERAL ASSURANCE (PVT) LTD vs FERNABY INVESTMENTS (PVT) LTD and QUECOM ENGINEERING (PVT) LTD and DENNIS NGORIMA and STANDARD CHARTERED BANK LTD and HOMELAND REAL ESTATE and THE SHERIFF
Ruled By: BHUNU JA, MATHONSI JA and CHITAKUNYE JA

1 July 2021 and 28 September 2021 Procedural Law-viz judicial sale in execution re Rule 359 of the High Court Rules iro setting aside of a judicial ...

SC101-21 : EQUITY PROPERTIES (PVT) LTD vs ALSHAMS GLOBAL BVI LIMITED and REGISTRAR OF DEEDS
Ruled By: BHUNU JA, UCHENA JA and KUDYA AJA

16 June 2020 and 27 September 2021 Procedural Law-viz service of process re substituted service.Procedural Law-viz service of court process re manner of service iro persons upon ...

SC100-21 : PARKHAM ENTERPRISES (PVT) LTD and NYASHA MOTSI vs ADHESIVE PRODUCTS MANUFACTURES (PVT) LTD and THE MASTER OF THE HIGH COURT N.O.
Ruled By: CHITAKUNYE JA

20 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 ...

SC10-20 : ZIMBABWE SCHOOL EXAMINATIONS COUNCIL vs VICTOR MUKOMEKA (on behalf of a minor Charmaine Mukomeka) and CHINGASIYENI GOVHATI (on behalf of a minor Anesu Govhati)
Ruled By: PATEL JA, BHUNU JA and BERE JA

20 September 2019 and 14 February 2020 Procedural Law-viz cause of action re proceedings involving minors.Education Law-viz examinations.Administrative Law-viz the exercise of administrative discretion.Procedural Law-viz final orders ...

Appealed
SC10-19 : SIPHIWE DUBE vs TURFWALL MINING (PVT) LTD t/a BEENSET INVESTMENTS and OTHERS
Ruled By: GARWE JA, MAVANGIRA JA and BHUNU JA

27 November 2017 and 19 February 2019 Procedural Law-viz citation re party acting in an official capacity.Mining-viz mining claims.Law of Contract-viz option.Law of Contract-viz reserved right.Procedural Law-viz ...

Appealed
SC10-18 : UNITRACK (PRIVATE) LIMITED vs TELONE (PRIVATE) LIMITED
Ruled By: ZIYAMBI JA, HLATSHWAYO JA and MAVANGIRA AJA

1 September 2014 Procedural Law-viz final orders re setting aside of a final order iro Rule 449.Procedural Law-viz final orders re rescission of ...

SC10-17 : MEDICINES CONTROL AUTHORITY OF ZIMBABWE vs NATHAN TORONGA and NOZIPHO MATSHITSE and BELLINGTON MUDYAWABIKWA and KUMBIRAI KAJONGWE
Ruled By: MALABA DCJ, GWAUNZA JA and PATEL JA

4 June 2015 and 10 February 2017 Labour Law-viz contract of employment re suspension of an employee iro section 4 of S.I.15 of 2006.Labour Law-viz employment contract ...

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 ...

SC09-22 : MOVEMENT FOR DEMOCRATIC CHANGE (TSVANGIRAI) and DOUGLAS MWONZORA and DR THOKOZANI KHUPE vs LILIAN TIMVEOS and THABITHA KHUMALO and OTHERS
Ruled By: GUVAVA JA, MAKONI JA and CHITAKUNYE JA

10, 11 June 2021 and 31 January 2022 Constitutional Law-viz Parliamentary proceedings re membership of Parliament iro recalling of Members of Parliament.Constitutional Law-viz Parliamentary proceedings re vacancies in ...

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 ...

View Appeal
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.

View Appeal
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 ...

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