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Civil Cases

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 ...

SC03-21 : 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 ...

SC03-15 : PORTLAND HOLDINGS LIMITED vs TUPELOSTEP INVESTMENTS (PROPRIETARY) LIMITED and TOBACCO WAREHOUSE & EXPORT t/a BAK LOGISTICS
Ruled By: ZIYAMBI JA, GOWORA JA and OMERJEE AJA

12 March 2013 Procedural Law-viz urgent chamber application re urgency iro economic urgency.Procedural Law-viz appeal re the exercise of judicial discretion by the ...

SC03-14 : PHINEAS MARIYAPERA vs EDDIES PFUGARI (PRIVATE) LIMITED and CHEGUTU MUNICIPALITY
Ruled By: ZIYAMBI JA, GARWE JA and PATEL JA

17 January 2014 Procedural Law-viz urgent application re urgency.Procedural Law-viz urgent application re urgency iro material non-disclosures.Procedural Law-viz costs re punitive order of ...

Appealed
SC03-13 : BERNARD VENGAI vs BENJAMIN CHUMA and NEW DONNINGTON FARM (PVT) LTD
Ruled By: ZIYAMBI JA, GARWE JA and OMERJEE AJA

25 September 2012 and 29 January 2013 Law of Delict-viz negligence re liability iro loss arising from a road traffic accident.Damages-viz delictual damages re economic loss iro ...

SC03-12 : Z B FINANCIAL HOLDINGS vs MAUREEN MANYARARA
Ruled By: MALABA DCJ, ZIYAMBI JA and GOWORA AJA

23 January 2012 Procedural Law-viz appeal re the exercise of discretion by the trial court.Labour Law-viz contract of employment re termination iro discretionary ...

SC03-11 : BUBYE MINERALS (PVT) LIMITED vs MINISTER OF MINES AND MINING DEVELOPMENT AND MINERALS AND MARKETING CORPORATION OF ZIMBABWE AND MINING COMMISSIONER MASVINGO AND RIVER RANCH (PVT) LTD
Ruled By: MALABA DCJ, SANDURA JA and ZIYAMBI JA

26 October 2010 and 14 November 2011 Mining-viz mining rights.Law of Contract-viz compromise agreement.Law of Contract-viz Deed of Settlement.Procedural Law-viz rules of evidence re evidence in previous ...

SC03-09 : JESTINA MUKOKO vs COMMISSIONER GENERAL OF POLICE and MINISTER OF STATE SECURITY and ATTORNEY-GENERAL and COMMISSIONER OF PRISONS and MISHROD GUVAMOMBE
Ruled By: CHIDYAUSIKUCJ

12 and 14 January 2009 Procedural Law-viz pleadings re chamber application.Procedural Law-viz pleadings re expedited set down of ordinary applications.Procedural Law-viz rules of evidence re ...

SC02-21 : EDDIES PFUGARI (PVT) LTD and EDWARD NYANYIWA vs KNOWE RESIDENTS AND RATEPAYERS ASSOCIATION and NORTON TOWN COUNCIL
Ruled By: PATEL JA, BHUNU JA and BERE JA

24 January 2019 and 23 March 2021 Law of Contract-viz specific performance re specific performance ex contractu.Law of Contract-viz specific performance re specific performance ex contractu iro ...

SC02-17 : GUOXING GONG vs MAYOR LOGISTICS (PRIVATE) LIMITED and THE REGISTRAR OF DEEDS
Ruled By: ZIYAMBI JA, BHUNU JA and UCHENA JA

8 November 2016 and 30 January 2017 Law of Property-viz proof of title to immovable property re registered rights iro cancellation of registered rights.Law of Contract-viz verbal ...

SC02-16 : ZIMBABWE PLATINUM MINES (PRIVATE) LIMITED vs RONALD GODIDE
Ruled By: ZIYAMBI JA, GOWORA JA and HLATSHWAYO JA

2 October 2014 and 30 May 2016 Labour Law-viz contract of employment re termination iro gross negligence.Labour Law-viz disciplinary hearings re penalty iro previous convictions.Procedural Law-viz appeal ...

SC02-15 : REMO INVESTMENT BROKERS (PRIVATE) LIMITED vs INTERFIN SECURITIES (PRIVATE) LIMITED
Ruled By: MAVANGIRA AJA

17 July and 14 November 2014 Procedural Law-viz appeal re security for costs iro Rule 46(5).Procedural Law-viz rules of court re Supreme Court Rules iro Rule ...

SC02-14 : C vs C (IN CAMERA)
Ruled By: ZIYAMBI JA, GARWE JA and PATEL JA

16 January 2014 Procedural Law-viz directives of the court.Procedural Law-viz directions of the court.Procedural Law-viz final orders re the final and conclusive rule ...

SC02-13 : SPECISS COLLEGE vs MAXWELL CHIRISERI and EMMANUEAL CHIDODO and ALLEN MUSEVENZI
Ruled By: ZIYAMBI JA, GARWE JA and OMERJEE AJA

12 June 2012 and 12 February 2013 Labour Law-viz contract of employment re termination.Labour Law-viz employment contract re termination.Labour Law-viz collective job action.Labour Law-viz collective job action ...

SC01-X : CITY OF HARARE vs CINAMON
Ruled By: MCNALLY JA, MANYARARA JA and KORSAH JA

1 and 18 June 1992 Labour Law-viz registration and amendment of labour judgment.Procedural Law-viz citation re ambiguity.

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SC01-22 : FRANCIS BERE vs JUDICIAL SERVICE COMMISSION and SIMBI MUBAKO and REKAYI MAPHOSA and TAKAWIRA NZOMBE and VIRGINIA MABHIZA and PRESIDENT OF ZIMBABWE and MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS
Ruled By: GUVAVA JA, UCHENA JA and KUDYA AJA

27 May 2021 and 14 January 2022 Constitutional Law-viz constitutional appointees re removal from office.Administrative Law-viz the exercise of administrative discretion.Procedural Law-viz review re actions taken under ...

Appealed
SC01-21 : BERNARD MARANGE vs ZVIDZAI MARANGE and MINISTER OF RURAL DEVELOPMENT, PROMOTION AND PRESERVATION OF NATIONAL CULTURE AND HERITAGE and PRESIDENT OF ZIMBABWE
Ruled By: GWAUNZA DCJ, PATEL JA and BERE JA

4 June 2018 and 11 March 2021 Traditional Leadership-viz chieftainship re substantive appointment.Procedural Law-viz review re actions taken under executive prerogative iro recommendations.Procedural Law-viz review re review ...

SC01-19 : AFRITRADE INTERNATIONAL LIMITED vs ZIMBABWE REVENUE AUTHORITY
Ruled By: GUVAVA JA

29 May 2018 Procedural Law-viz condonation re Rule 31 of the Supreme Court Rules.Procedural Law-viz appeal re extension of time within which to ...

Appealed
SC01-18 : NATIONAL EMPLOYMENT COUNCIL FOR THE CONSTRUCTION INDUSTRY vs ZIMBABWE NANTONG INTERNATIONAL (PRIVATE) LIMITED
Ruled By: PATEL JA, GUVAVA JA and UCHENA JA

22 June 2017 and 25 January 2018 Pensions Law-viz pension contributions.Law of Contract-viz debt re contractual debt.Labour Law-viz collective bargaining agreements.Procedural Law-viz jurisdiction re labour proceedings iro ...

SC01-17 : JOSEPH LUNGU and OTHERS vs RESERVE BANK OF ZIMBABWE
Ruled By: GWAUNZA JA, PATEL JA and MAVANGIRA JA

14 October 2016 and 26 January 2017 Procedural Law-viz citation re multiple litigants.Labour Law-viz arbitration re arbitral awards.Labour Law-viz contract of employment re termination iro vested rights ...

SC01-16 : NATIONAL ENGINEERING WORKERS UNION (NEWU) vs NTOMBIZODWA DUBE
Ruled By: GWAUNZA JA, HLATSHWAYO JA and MAVANGIRA AJA

6 March 2015 and 15 February 2016 Labour Law-viz contract of employment re suspension of an employee.Labour Law-viz employment contract re termination iro insurbodination.Labour Law-viz labour arbitration ...

SC01-15 : FIRSTEL CELLULAR (PRIVATE) LIMITED vs NETONE CELLULAR (PRIVATE) LIMITED
Ruled By: ZIYAMBI JA, GARWE JA & PATEL JA

14 February 2014 and 27 January 2015 Law of Contract-viz debt re contractual debt iro proof of claim.Procedural Law-viz summary judgment.Procedural Law-viz appeal re findings of fact ...

SC01-13 : PAUL GARY FRIENDSHIP vs CARGO CARRIERS LIMITED and ACROSS ENTERPRISES (PVT) LTD
Ruled By: ZIYAMBI JA

30 August 2012 and 10 January 2013 Procedural Law-viz rules of court re Rule 5 of the Supreme Court Rules iro condonation.Procedural Law-viz Supreme Court Rules re ...

SC01-12 : AMERICAN FRIENDS SERVICE COMMITTEE vs IRENE CHAUKE
Ruled By: GARWE JA, OMERJEE AJA and GOWORA AJA

January 16, 2012 Labour Law-viz employment contract re fixed term contracts.Labour Law-viz contract of employment re fixed term contract.Labour Law-viz damages re unlawful ...

SC01-10 : ZIMBABWE MINING DEVELOPMENT CORPORATION and MINERALS MARKETING CORPORATION OF ZIMBABWE vs AFRICAN CONSOLIDATED RESOURCES PLC and OTHERS
Ruled By: CHIDYAUSIKU CJ

20 October and 18 November 2009 and 25 January 2010 Procedural Law-viz chamber application.Procedural Law-viz appeal re the rule that the noting of an appeal automatically suspends the execution of ...

SC00-89 : ART CORPORATION LTD vs MOYANA
Ruled By: GUBBAY JA, McNALLY JA and MANYARARA JA

20 March and 25 April 1989 Labour Law-viz employment contract re termination iro termination on notice.Labour Law-viz termination of contract of employment re termination on notice ...

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HMT55-19 : CAMBRIA AFRICA PLC vs BREASTPLATE SERVICES (PRIVATE) LIMITED T/A NEMCHEM INTERNATIONAL
Ruled By: MUZENDA J

15 July 2019 Law of Contract-viz debt re contractual debt.Company Law-viz share transactions re disposal of shares.Procedural Law-viz rules of evidence re evidence ...

HMT12-21 : EMMANUEL RENSBURG vs KENNEDY NGIRAZI and NAN JIANG MINE (PVT) LTD and MEGAMANIA AUCTIONEERS and THE HIGH COURT SHERIFF (N.O.)
Ruled By: MUZENDA J

24 March 2021 and 1 April 2021 Procedural Law-viz citation re party acting in an official capacity iro nominee officii.Procedural Law-viz citation re party acting in an ...

HMT09-18 : MUBUSO CHINGUNO vs MINISTER OF LANDS, AGRICULTURE AND RURAL RESETTLEMENT and PROVINCIAL LANDS OFFICER MANICALAND and DISTRICT LANDS OFFICER CHIPINGE and COLONEL MAKUYANA
Ruled By: MWAYERA J

25 and 28 June 2018 Procedural Law-viz urgent chamber application re interim interdict pendente lite.Procedural Law-viz urgent application re urgency iro proceedings without notice.Procedural Law-viz ...

HMA55-19 : GREAT ZIMBABWE UNIVERSITY vs NESBERT MAREVERWA
Ruled By: WAMAMBO J

8 and 18th November 2019 Procedural Law-viz urgent chamber application re rei vindicatio.Procedural Law-viz urgent application re vindicatory action.Law of Property-viz rei vindicatio re claim ...

HMA54-19 : TANDIWE MHLANGA vs ZIMBABWE LAND COMMISSION and MINISTER OF LANDS, AGRICULTURE & RURAL RESETTLEMENT and MUNASHE SHOKO
Ruled By: MAFUSIRE J

2 February 2019 Procedural Law-viz citation re nominal interest party.Administrative Law-viz the exercise of administrative discretion.Law of Property-viz land acquisition re lawful authority ...

HMA54-18 : IN RE: WASHINGTON FUNGISAI MUDIMBU vs X
Ruled By: MAWADZE J

14 November 2018 Procedural Law-viz civil review re section 9 of the Guardianship of Minors Act [Chapter 5:08].Procedural Law-viz rules of evidence re ...

HMA52-19 : JUSTICE GUMBOCHUMA vs ZIMBABWE ELECTRICITY TRANSMISSION & DISTRIBUTION COMPANY
Ruled By: MAFUSIRE J

23 July 2019 Procedural Law-viz postponement of proceedings re postponement sine die.Procedural Law-viz deferment of a hearing re postponement sine die.Procedural Law-viz cause ...

HMA47-19 : TRIANGLE LIMITED and HIPPO VALLEY ESTATES LIMITED vs ZIMBABWE SUGAR MILLING INDUSTRY WORKERS UNION (ZSMIWU) and OTHERS
Ruled By: WAMAMBO J

3 and 16 October 2019 Procedural Law-viz urgent chamber application.Procedural Law-viz citation re multiple litigants.Procedural Law-viz cause of action re failure to file opposing papers ...

HMA47-17 : BRIAN ANDREW CAWOOD vs ELASTO MADZINGIRA and MINISTER OF LANDS & RURAL RESETTLEMENT
Ruled By: MAWADZE J and MAFUSIRE J

31 May 2017 and 6 September 2017 Procedural Law-viz appeal.Procedural Law-viz rules of evidence re documentary evidence.Land Acquisition-viz eviction re lawful authority to occupy gazetted land.Administrative Law-viz ...

HMA38-19 : BERRINGTON ZVANYANYA and OTHERS vs ZIMBABWE SUGAR MILLING INDUSTRY WORKERS UNION and OTHERS
Ruled By: MAFUSIRE J

23 May 2019 and 27 June 2019 Procedural Law-viz citation re multiple litigants.Procedural Law-viz citation re nominal parties.Procedural Law-viz cause of action re failure to file opposition ...

HMA37-18 : AMALGAMATED RURAL TEACHERS UNION OF ZIMBABWE [2] and OBERT MASARAURE vs ZIMBABWE AFRICAN NATIONAL UNION [PATRIOTIC FRONT] and MINISTER OF PRIMARY AND SECONDARY EDUCATION
Ruled By: MAFUSIRE J

16 and 17 July 2018 Procedural Law-viz urgent chamber application re leave to execute pending appeal.Procedural Law-viz appeal re leave to execute pending appeal.Procedural Law-viz ...

HMA36-18 : AMALGAMATED RURAL TEACHERS UNION OF ZIMBABWE vs OBERT MASARAURE and ZIMBABWE AFRICAN NATIONAL UNION [PATRIOTIC FRONT] and MINISTER OF PRIMARY AND SECONDARY EDUCATION
Ruled By: MAFUSIRE J

25 and 28 June 2018 Procedural Law-viz urgent chamber application.Procedural Law-viz locus standi re voluntary associations.Procedural Law-viz locus standi re un-incorporated associations.Procedural Law-viz rules of ...

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