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Civil Cases

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 ...

View Appeal
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
SC06-22 : JOEL SILONDA (SUBSTITUTED BY EXECUTOR, VUSUMUZI SILONDA) vs VUSUMUZI NKOMO
Ruled By: GUVAVA JA, UCHENA JA and KUDYA AJA

21 July 2020: 24 August 2020 and 25 January 2022 Procedural Law-viz citation re substitution of a litigating party.Law of Contract-viz purchase and sale re validity of a contract of ...

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 ...

SC05-22 : CUTHBERT DUBE vs PREMIER SERVICE MEDICAL AID SOCIETY and PREMIER SERVICE MEDICAL INVESTMENTS
Ruled By: MAKONI JA, MATHONSI JA and CHITAKUNYE JA

15 October 2021 and 24 January 2022 Procedural Law-viz appeal re labour proceedings iro section 98 of the Labour Act [Chapter 28:01].Labour Law-viz arbitration re arbitration appeal ...

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 ...

SC04-22 : HOMELINK (PRIVATE) LIMITED vs CLEVER MAPUTSENI
Ruled By: MAVANGIRA JA, UCHENA JA and CHITAKUNYE JA

18 June 2021 and 18 January 2022 Procedural Law-viz declaratory order.Procedural Law-viz declaratur.Law of Contract-viz debt re contractual.Procedural Law-viz final orders re brutum fulmen judgment iro the ...

Appealed
SC04-20 : NICKOLAS VAN HOOGSTRATEN vs TAPIWA NELOMWE
Ruled By: GARWE JA, MAVANGIRA JA and MATHONSI JA

8 October 2019 and 16 January 2020 Company Law-viz shareholding re share transactions.Law of Contract-viz verbal agreement.Law of Contract-viz oral contract.Procedural Law-viz rules of evidence re documentary ...

Appealed
SC04-19 : LESLEY FAYE MARSH (PVT) LTD T/A PREMIER DIAMONDS and OTHERS vs AFRICAN BANKING CORPORATION OF ZIMBABWE (PVT) LTD and ABC HOLDINGS (PVT) LTD
Ruled By: GWAUNZA DCJ, MAKARAU JA and MAKONI JA

25 June 2018 and 15 February 2019 Procedural Law-viz final orders re principle of finality of litigation iro dismissal of a matter for want of prosecution.Procedural ...

SC04-18 : ZIMBABWE REVENUE AUTHORITY vs CHESTER MUDZIMUWAONA
Ruled By: CHIDYAUSIKU CJ, GOWORA JA and MUTEMA AJA

28 July 2014 Labour Law-viz employment contract re fixed term contract.Procedural Law-viz rules of evidence re documentary evidence.Labour Law-viz contract of employment re ...

Appealed
SC04-17 : JAYESH SHAH vs KINGDOM MERCHANT BANK LIMITED
Ruled By: GWAUNZA JA, GUVAVA JA and MAVANGIRA JA

1 February 2016 and 31 January 2017 Procedural Law-viz pleadings re amendment to pleadings iro amendment of declaration.Company Law-viz directorship re personal liability of directors for debts ...

SC04-15 : AGSON MAFUTA CHIOZA vs SMOKING WILLIAMS SIZIBA
Ruled By: ZIYAMBI JA, GARWE JA and OMERJEE AJA

13 November 2012 and 23 February 2015 Law of Contract-viz essential elements re consensus as idem iro retrospective effect of contracts.Law of Contract-viz specific performance re specific ...

SC04-14 : DAVID MOYO vs RURAL ELECTRIFICATION AGENCY
Ruled By: ZIYAMBI JA, GWAUNZA JA and PATEL JA

27 January 2014 Labour Law-viz discipline re disciplinary hearings iro suspension from duty.Labour Law-viz discipline re disciplinary proceedings iro legal representation.Labour Law-viz discipline ...

SC04-13 : ALTEM ENTERPRISES (PVT) LTD T/A RUWA FURNISHERS vs JOHN SISK & SON (PVT) LTD
Ruled By: ZIYAMBI JA, GARWE JA and MAKARAU JA

6 March 2012 and 12 February 2013 Law of Property-viz lease agreement re termination iro eviction.Law of Property-viz agreement of lease re termination iro eviction.Law of Property-viz ...

Appealed
SC04-12 : SHAUN EVANS and PAUL FRIENDSHIP vs YAKUB SURTEE and COLLIN MACMILLAN and RODNEY FINNIGAN and ACROSS ENTERPRISES PL
Ruled By: ZIYAMBI JA, GARWE JA and CHEDA AJA

11 July 2011 and 13 February 2012 Procedural Law-viz contempt of court.Procedural Law-viz final orders re enforcement of court orders iro the nulla bona return.Procedural Law-viz contempt ...

SC04-05 : JAISON KOKERAI MACHAYA vs LAMECK NKIWANE MUYAMBI
Ruled By: ZIYAMBI JA

4 February 2005 Procedural Law-viz appeal re lapsing of an appeal iro lasping of an appeal for failure to prosecute.Procedural Law-viz appeal re ...

SC03-22 : DELTA BEVERAGES (PRIVATE) LIMITED vs ZIMBABWE REVENUE AUTHORITY
Ruled By: GWAUNZA DCJ, UCHENA JA and CHITAKUNYE AJA

1 June 2020 and 18 January 2022 Procedural Law-viz appeal re cross appeal.Company Law-viz legal personality re Group structures.Law of Contract-viz franchise agreements.Procedural Law-viz rules of evidence ...

SC03-21 : AFRITRADE INTERNATIONAL LIMITED vs ZIMBABWE REVENUE AUTHORITY
Ruled By: PATEL JA, BHUNU JA and BERE JA

6 June 2019 and 23 March 2021 Tax Law-viz value added tax.Banking Law-viz quasi-fiscal operations of the Central Bank.Procedural Law-viz rules of evidence re evidence on behalf ...

SC03-20 : ZAMBEZI GAS ZIMBABWE (PRIVATE) LIMITED vs N.R. BARBER (PRIVATE) LIMITED and THE SHERIFF FOR ZIMBABWE
Ruled By: MALABA CJ, MAVANGIRA JA and MATHONSI JA

7 October 2019 and 20 January 2020 Law of Contract-viz debt re contractual iro the Presidential Powers (Temporary Measures) (Amendment of Reserve Bank of Zimbabwe Act and ...

Appealed
SC03-18 : CHRISTOPHER SAMBAZA vs AL SHAMS GLOBAL BVI LIMITED
Ruled By: GARWE JA, MAVANGIRA JA and UCHENA JA

23 February 2017 and 5 February 2018 Banking and Investment Law-viz Bankers Acceptance.Procedural Law-viz rules of evidence re documentary evidence.Company Law-viz directorship re personal liability of directors ...

SC03-17 : HAROLD CROWN and PORTRIVER INVESTMENTS (PRIVATE) LIMITED vs ENERGY RESOURCES AFRICA CONSORTIUM (PRIVATE) LIMITED and ENERGY RESOURCES AFRICA (PRIVATE) LIMITED
Ruled By: ZIYAMBI JA, GWAUNZA JA and PATEL JA

14 June 2016 and 30 January 2017 Partnership Law-viz consortium.Procedural Law-viz appeal re the exercise of discretion by the trial court iro urgency.Procedural Law-viz affidavits re founding ...

SC03-16 : MINISTER OF FOREIGN AFFAIRS vs MICHAEL JENRICH and STANDARD CHARTERED BANK ZIMBABWE LIMITED and THE SHERIFF FOR ZIMBABWE
Ruled By: PATEL JA

16 February 2016 Procedural Law-viz condonation re late filing of an appeal.Procedural Law-viz rules of construction re statutory provision iro section 326(2) of ...

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