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Civil Cases

HMA35-18 : NYAMUZARA ENTERPRISES [PVT] LTD vs LOVEMORE CHAPWANYA and ROBERT SHOPERAI and MUTOTI MUTOTI and MAPUTIRE BRIGHTON and THE SHERIFF OF THE HIGH COURT, MASVINGO N.O.
Ruled By: MAFUSIRE J

24 May 2018; 13 and 20 June 2018 Procedural Law-viz citation re party acting in an official capacity iro nominus officiae.Procedural Law-viz urgent chamber application re stay of ...

HMA34-18 : THE SHERIFF FOR ZIMBABWE vs RENSON MAHACHI and LEOMARCH ENGINEERING
Ruled By: MAFUSIRE J

13 June 2018 Procedural Law-viz judicial attachment re interpleader proceedings.Procedural Law-viz rules of evidence re onus iro burden of proof.Procedural Law-viz rules of ...

HMA31-17 : CHAMU MINING SYNDICATE vs SIBONGILE MPINDIWA N.O. and CHAMWANDOITA SYNDICATE
Ruled By: MAFUSIRE J

30 May 2017 and 21 June 2017 Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz opposing affidavit re deponent iro authority to defend legal ...

HMA30-18 : CHIDO MUROMBEDZI vs SMM HOLDINGS [PVT] LTD
Ruled By: MAWADZE J and MAFUSIRE J

30 May 2018 and 13 June 2018 Procedural Law-viz civil appeal.Law of Property-viz vindicatory action re eviction iro claim of right.Law of Property-viz rei vindicatio re eviction ...

HMA30-17 : ICON ALLOYS [PVT] LTD and TEID HARDWARE [PVT] LTD vs ARAFAS MTAUSI GWARADZIMBA N.O. and SMM HOLDINGS [PVT] LTD and MASVINGO RURAL DISTRICT COUNCIL and SHERIFF FOR ZIMBABWE
Ruled By: MAFUSIRE J

13 March 2017 and 20 June 2017 Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz urgent chamber application re stay of execution iro interim ...

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HMA28-20 : TRIANGLE LIMITED and HIPPO VALLEY ESTATES vs ZIMBABWE REVENUE AUTHORITY and OTHERS
Ruled By: ZISENGWE J

28 May and 24 June 2020 Tax Law-viz value added tax.Law of Contract-viz service agreements re value added tax.Procedural Law-viz declaratory order.Procedural Law-viz declaratur.Law of Contract-viz ...

HMA26-18 : DYNAMIC MINING SYNDICATE vs ZIMASCO (PVT) LTD and ENELY MUZENDA and BUSYWORK DUBE and PROVINCIAL MINING DIRECTOR, MIDLANDS PROVINCE and OFFICER IN CHARGE, LALAPANZI and ANOTHER
Ruled By: MAWADZE J

5 April 2018 Procedural Law-viz urgent chamber application.Mining-viz mining claim dispute.Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz appeal re ...

HMA22-18 : SIMBARASHE CHARUMA and PRINCE CHINDAWANDE vs THE REPUBLIC OF SOUTH AFRICA and THE MINISTER OF HOME AFFAIRS N.O.
Ruled By: MAFUSIRE J

1 and 13 February 2018; 9 March 2018 Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz rules of evidence re digital evidence iro CCTV camera ...

HMA21-19 : MR MBOZVI vs CHENGETAI SIDHUNA
Ruled By: MAWADZE J and MAFUSIRE J

27 March 2019 Procedural Law-viz civil appeal.Law of Property-viz proof of title re township property.Law of Property-viz proof of title re high density ...

HMA20-17 : FRANK NYAKU BADZA vs SMM HOLDINGS [PVT] LTD [Under Reconstruction] t/a SMM Properties
Ruled By: MAWADZE J and MAFUSIRE J

1 March 2017 and 5 April 2017 Procedural Law-viz appeal.Law of Property-viz Rent Regulations re exempt entities iro section 2(2) of the Rent Regulations 2007, S.I.32 of ...

HMA19-17 : VENGAI RUSHWAYA vs NELSON BVUNGO and THE SHERIFF FOR ZIMBABWE N.O.
Ruled By: MAFUSIRE J

21 and 27 March 2017 Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz urgent chamber application re stay of execution.Procedural Law-viz interim ...

HMA18-19 : BRIAN GAVA vs CHAMISA MAWERE and CHAMPION CHAKANETSA (as Executor of Estate Late Claudio Chakanetsa) and MISHECK MIZEKE and MESSENGER OF COURT – GWERU and CITY OF GWERU and REGISTRAR OF DEEDS – BULAWAYO N.O.
Ruled By: MAFUSIRE J

31 January 2019 Procedural Law-viz citation re party acting in an official capacity iro nominus officiae.Procedural Law-viz citation re party acting in an ...

HMA17-17 : MAIN ROAD MOTORS (Case 1) and SYLVIA CHORUWA (Case 2) vs COMMISSIONER – GENERAL, ZIMRA
Ruled By: MAFUSIRE J

6 February 2017 and 17 March 2017 Procedural Law-viz urgent chamber application re interim interdict pendente lite.Procedural Law-viz consolidation of matters.Procedural Law-viz urgent application re stay of ...

HMA15-16 : ANCILLA RUFASHA vs BINDURA UNIVERSITY OF SCIENCE EDUCATION and THE VICE CHANCELLOR and THE REGISTRAR and THE DEAN OF FACULTY AND COMMERCE
Ruled By: MAFUSIRE J

2 and 28 December 2016 Procedural Law-viz urgent chamber application.Education Law-viz examinations.Administrative Law-viz administrative decisions re the audi alteram partem rule.Procedural Law-viz urgent chamber application ...

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HMA13-19 : CONCILIA CHINANZVAVANA vs MINISTER OF JUSTICE, LEGAL & PARLIAMENTARY AFFAIRS and OTHERS
Ruled By: MAFUSIRE J

31 January 2019: 15 February 2019 and 13 March 2019 Constitutional Law-viz body established by the Constitution re tenure of life.Procedural Law-viz rules of construction re ambiguous provisions iro intention ...

HMA13-18 : JONATHAN CHIKUKWA vs BEAUTY and GAME DOLLAR
Ruled By: MAWADZE J

6 February 2018 Procedural Law-viz urgent chamber application.Legal Practitioners-viz right of audience before the courts iro self actors.Procedural Law-viz urgent application re the ...

HMA13-17 : COMMERCIAL SUGAR CANE FARMERS ASSOCIATION and ZIMBABWE CANE FARMERS ASSOCIATION and OTHERS vs THE MINISTER OF INDUSTRY AND COMMERCE and TRIANGLE LIMITED and HIPPO VALLEY ESTATES (PVT) LTD
Ruled By: MAWADZE J

15 February and 7 March 2017 Procedural Law-viz urgent chamber application.Procedural Law-viz recusal re judicial bias.Administrative Law-viz administrative directives.Procedural Law-viz rules of evidence re unchallenged evidence.Procedural ...

HMA12-18 : CONSTABLE CHIHWAI vs BOARD PRESIDENT N.O., CHIEF SUPERINTENDENT NYATHI M and COMMISSIONER GENERAL OF POLICE
Ruled By: MAFUSIRE J

18 January 2018 and 7 February 2018 Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz urgent chamber application.Procedural Law-viz cause of action re framing ...

HMA12-17 : BRIAN ANDREW CAWOOD vs ELASTO MADZINGIRA and THE MESSENGER OF COURT – MWENEZI N.O.
Ruled By: MAFUSIRE J

6 February 2017 and 6 March 2017 Procedural Law-viz urgent chamber application.Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz final orders re enforcement of ...

HMA07-17 : CHARLES MASANGO and GLORIA MASAWI vs MINISTER OF PRIMARY & SECONDARY EDUCATION N.O. and PUBLIC SERVICE COMMISSION and DISTRICT SCHOOLS INSPECTOR N.O.and HEADMASTER, CHINGOMA HIGH SCHOOL
Ruled By: MAFUSIRE J

14 and 17 February 2017 Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz urgent chamber application re stay of execution.Labour Law-viz employment ...

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HMA06-19 : WILLMORE MAKUMIRE vs MINISTER OF PUBLIC SERVICE, LABOUR & SOCIAL WELFARE and ATTORNEY GENERAL OF ZIMBABWE
Ruled By: MAFUSIRE J

27 August 2018 and 13 February 2019 Procedural Law-viz default judgment re failure to appear for hearing.Legal Practitioners-viz professional ethics.Constitutional Law-viz constitutionality of statutory provisions re Labour ...

HMA06-18 : PHILEMON MUTANGIRI and NYIKADZINO MUTATI and LYTON KAUNDA vs LEONARD MUTEMA t/a LEONARD TRADING and F. NAGO N.O. PROVINCIAL MAGISTRATE
Ruled By: MAFUSIRE J

23 and 31 January 2018 Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz review.Law of Property-viz spoliation order.Law of Property-viz mandament van ...

HMA02-19 : JETINOS ZIVANOMOYO vs HELLEN DINGANI
Ruled By: MAWADZE J and MAFUSIRE J

13 June 2018 and 16 January 2019 Procedural Law-viz civil appeal.Procedural Law-viz final orders re ex tempore orders iro entitlement of litigants to written reasons for judgment.Law ...

HMA01-19 : ANNA MAWARE vs EMMANUEL CHIWARE
Ruled By: MAFUSIRE J

29 and 30 October 2018; 7 January 2019 Family Law-viz division of assets of the spouses re unregistered customary law union.Procedural Law-viz rules of evidence re corroborative evidence.Procedural ...

HMA01-18 : MAIN ROAD MOTORS and SYLVIA CHORUWA and PATRICK MUGUTI vs ZIMBABWE REVENUE AUTHORITY and MINISTER OF FINANCE & ECONOMIC DEVELOPMENT and ATTORNEY GENERAL
Ruled By: MAFUSIRE J

26 and 31 October 2017 and 18 January 2018 Procedural Law-viz consolidation of matters.Procedural Law-viz joinder of actions.Procedural Law-viz cause of action re framing of draft orders.Constitutional Law-viz constitutionality ...

HHMT19-19 : THE STATE vs LYDIA KAHWEMA
Ruled By: MWAYERA J and ASSESSORS: MAWONEKE and CHIPERE

5 March 2019 Family Law-viz domestic violence re chastisement of minors.Constitutional Law-viz constitutional rights re children's rights iro chastisement of minors.Constitutional Law-viz constitutional ...

HHMT19-18 : THE STATE vs EDSON PHILLIMON MLAMBO
Ruled By: MWAYERA J and ASSESSORS: SANA and CHAGONDA

11 and 16 October 2018 Constitutional Law-viz constitutional obligations of security personnel.

HHMA58-18 : THE STATE vs ERNEST CHIFUMURO
Ruled By: MAWADZE J and MAFUSIRE J

13 December 2018 Constitutional Law-viz constitutional rights re the right to a fair hearing iro section 69 of the Constitution.

HHMA56-19 : THE STATE vs WONDERFUL MANJORO
Ruled By: MAWADZE J and ASSESSORS: CHADEMANA and MUSHUKU

7, 8, 17 October and 15 November 2019 Procedural Law-viz court management re trial within a trial.Procedural Law-viz onus re burden of proof iro trial within a trial.Procedural ...

HHMA55-18 : STATE vs PHILLIP GUVHU
Ruled By: MAFUSIRE J and MAWADZE J

22 November 2018 Procedural Law-viz final orders re obligations of the court iro perfunctory proceedings.Constitutional Law-viz Constitutional rights re judicial transparency iro records ...

HHMA39-18 : THE STATE vs CATHERINE MURAKATA and MAVIS MURAKATA
Ruled By: MAWADZE J and MAFUSIRE J

24 July 2018 Procedural Law-viz case authorities re the doctrine of stare decisis iro courts of similar jurisdiction.Procedural Law-viz case authorities re stare ...

HHMA24-18 : THE STATE vs JEREMIAH MATSVAIRE
Ruled By: MAWADZE J and ASSESSORS: MUSHUKU and DAURAMANZI

21 September 2017, 28 February, 8 and 23 March 2018 Delict Law-viz negligence re professional negligence iro causation.Delict Law-viz negligence re commercial negligence iro proximate cause.

HHMA24-17 : THE STATE vs CHIPO MANDOMBO
Ruled By: MAWADZE J and ASSESSORS: MUTOMBA and DAURAMANZI

15 and 16 May 2017 Constitutional Law-viz Constitutional rights re freedom from discrimination iro section 56 of the Constitution.Constitutional Law-viz Constitutional rights re equal treatment ...

HHMA23-18 : THE STATE vs GABRIEL KAMUCHEPA
Ruled By: MAFUSIRE J

15 March 2018 Constitutional Law-viz constitutional rights re the right to legal representation iro section 163A of the Criminal Procedure and Evidence Act ...

HHMA20-19 : THE STATE vs X
Ruled By: MAWADZE J and MAFUSIRE J

20 May 2019 Education Law-viz enforcement of discipline.Procedural Law-viz court management re court record iro record of proceedings.Procedural Law-viz jurisdiction re courts of ...

HHMA20-18 : DUMISANI MOYO vs THE STATE
Ruled By: MAFUSIRE J

30 October 2017 and 28 February 2018 Extradition Law-viz section 28 of the Extradition Act [Chapter 9:08].Extradition Law-viz section 26 of the Extradition Act [Chapter 9:08].

HHMA18-18 : STATE vs DANIEL JIM
Ruled By: MAFUSIRE J and MAWADZE J

22 February 2018 Constitutional Law-viz constitutional rights re the right to legal representation iro section 163A of the Criminal Procedure and Evidence Act ...

HHMA17-18 : AUBREY CUMMINGS [2] vs THE STATE
Ruled By: MAWADZE J and MAFUSIRE J

7 and 14 February 2018 Procedural Law-viz recusal re judicial bias.

HHMA08-16 : TAVONGA SHAVA vs THE STATE
Ruled By: MAFUSIRE J

3 and 8 November 2016 Constitutional Law-viz constitutionality of statutory provisions re the Criminal Procedure and Evidence Act iro section 115C of the Criminal Procedure ...

HHMA03-19 : STATE vs JOHANIS MUKWENA
Ruled By: MAFUSIRE J and MAWADZE J

17 January 2019 Procedural Law-viz review.Procedural Law-viz final orders re judicial misdirections iro the injudicious exercise of discretion.Procedural Law-viz final orders re judicial ...

HHMA03-17 : THE STATE vs FUNGAI MICHAEL CHITEPO
Ruled By: MAFUSIRE J and MAWADZE J

6 February 2017 Law of Delict-viz negligence re road traffic accident iro road traffic laws.

HHMA03-16 : THE STATE vs JEALOUS NEMARINGA and PATRICK MARUFU
Ruled By: MAFUSIRE J

3, 12 and 17 October 2016 Constitutional Law-viz Constitutional rights re personal liberty iro section 49(1)(b) of the Constitution.Constitutional Law-viz criminal arrest re statutory appearance before ...

HHMA02-18 : MAVESE MAPFUMO vs THE STATE
Ruled By: MAWADZE J and MAFUSIRE J

1 November 2017; 17 and 24 January 2018 Law of Contract-viz set off re legal practitioners fees.Law of Contract-viz contract for the benefit of a third party.Law of ...

HHH83-15 : THE STATE vs ELISHA SANGO
Ruled By: DUBE J

21 January 2015 Procedural Law-viz contempt of court re section 182 of the Criminal Law (Codification and Reform) Act [Chapter 9:23].

HHH82-16 : THE PROSECUTOR GENERAL OF ZIMBABWE vs BEATRICE TELE MTETWA and RUMBIDZAI MUGWAGWA ESQUIRE
Ruled By: MAWADZE J

26, 30 October 2015 and 27 January 2016 Procedural Law-viz affidavits re founding affidavit iro commissioning.Procedural Law-viz affidavits re founding affidavit iro deponent.Procedural Law-viz founding affidavit re deponent ...

HHH794-16 : STATE vs EDMORE KARADZANGARE
Ruled By: CHITAPI J and ASSESSORS: CHIDYAUSIKU and BARWA

18, 19 and 20 July 2016 Family Law-viz domestic violence.

HHH778-15 : WILSON MUKARONDA ZUNIDZA vs THE STATE
Ruled By: CHIWESHE JP and HUNGWE J

15 September and 7 October 2015 Procedural Law-viz final orders re obligations of the court iro essential for rulings be based on evidence proffered before the ...

HHH765-15 : JOSPHAT MUKWEMU vs MAGISTRATE SANYATWE N.O. and THE PROSECUTOR GENERAL
Ruled By: MATHONSI J

23 and 30 September 2015 Procedural Law-viz citation re party acting in an official capacity iro nominee officii.Procedural Law-viz citation re party acting in an ...

HHH76-12 : THE STATE vs NQOBILE SIBANDA
Ruled By: BERE J and ASSESSORS: SHAVA and NYANDORO

13 and 17 May 2012 Procedural Law-viz rules of evidence re concessions between counsel iro the principle that the court is not bound by agreements ...

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