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Civil Cases

HHH145-13 : AFRICAN CONSOLIDATED RESOURCES (PRIVATE) LIMITED vs THE STATE
Ruled By: MUSAKWA J WITH ASSESSORS

15 and 16 November 2010 and 10 May 2013 Procedural Law-viz pleadings re heads of argument iro submissions supported by law.Procedural Law-viz procedural judicial directives.Procedural Law-viz lis alibi pendens ...

HHH143-18 : STATE vs JAMES ACKIM and LAMECK ACKIM
Ruled By: KUDYA J and ASSESSORS: MHANDU and CHIVANDA

5, 6 May and 22, 23 September 2011; 5 and 6 December 2016; 30 and 31 March 2017 and 28 and 29 June 2017; and 9 and 15 March 2018 Constitutional Law-viz constitutional rights re torture.Constitutional Law-viz constitutional rights re arrest iro obligations of security personnel.Constitutional Law-viz constitutional rights re ...

HHH142-11 : CLEMENCE NYONI vs THE STATE
Ruled By: KUDYA J

25 March 2011 Procedural Law-viz affidavits re founding affidavit iro deponent.Procedural Law-viz affidavits re deponent iro Rule 227(4).Procedural Law-viz rules of court re ...

HHH142-10 : ALBERT MATAPO and OTHERS vs THE STATE
Ruled By: MUSAKWA J

21, 29 June and 9 July 2010 Constitutional Law-viz constitutional rights to trial within a reasonable period re dismissal of a matter for want of prosecution.Procedural Law-viz ...

HHH141-11 : THE STATE vs MAXWELL MAPANZURE and KILLION MUWUYA
Ruled By: KUDYA J and CHITAKUNYE J

6 July 2011 Procedural Law-viz rules of construction re statutory provision iro retrospective interpretation of statutes.Procedural Law-viz rules of interpretation re statutory provision ...

HHH138-09 : THE STATE vs ROY LESLIE BENNNET
Ruled By: BHUNU J and ASSESSORS: MUSENGEZI and CHIVANDA

9 November 2009 and 11 November 2009 Constitutional Law-viz constitutional rights re judicial impartiality iro open justice.Constitutional Law-viz constitutional rights re judicial transparency iro open justice.Legal Practitioners-viz ...

HHH136-11 : THE STATE vs ELTON MANGOMA
Ruled By: BHUNU J and ASSESSORS: CHIVANDA and MHANDU

16 May 2011, 18 May 2011 and 28 June 2011 Law of Contract-viz purchase and sale re procurement and tender iro section 174 of the Criminal Law (Codification and Reform) ...

HHH135-17 : SPARKLES SERVICES (PVT) LTD and GODFREY MUNYAMANA vs THE STATE and MAPFUMO FRANCIS (NO)
Ruled By: MAKONI J

3 August 2016 Procedural Law-viz citation re party acting in an official capacity iro nominee officii.Procedural Law-viz citation re party acting in an ...

HHH130-10 : STATE vs NETSAI MAFUSIRE
Ruled By: MUSAKWA J and ASSESSORS

7, 8, 9 and18 June 2010 Procedural Law-viz case authorities re precedents iro section 24(2) of the Supreme Court Act No.28 of 1981.Please refer to Note ...

HHH117-14 : LEE-WAVERLY JOHN vs THE STATE and RODGERS KACHAMBWA
Ruled By: MATANDA-MOYO J

3 March 2014 and 13 March 2014 Procedural Law-viz citation re party acting in an official capacity iro nominus officiae.Procedural Law-viz cause of action re notice of ...

HHH111-15 : THE STATE vs KENNEDY PALIZA
Ruled By: MUSAKWA J and ASSESSORS: KUNAKA and MHANDU

30 and 31 October, 14 November 2014 and 23 January 2015 Procedural Law-viz rules of construction re Constitutional interpretation.Procedural Law-viz rules of interpretation re Constitutional construction.

HHH106-12 : THE STATE vs LOVEMORE KUROTWI and DOMINIC MUBAIWA
Ruled By: BHUNU J

21 February 2012 and 28 February 2012 Law of Contract-viz essential elements re consensus ad idem iro misrepresentation.Procedural Law-viz cause of action re legal basis for invoking ...

HHH105-11 : CASSIMJEE BILAL vs THE ATTORNEY-GENERAL
Ruled By: MUTEMA J

29 April 2011 Procedural Law-viz rules of evidence re documentary evidence iro authentication of documentary evidence.Procedural Law-viz rules of court re Rule 3 ...

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HHH03-21 : ROBERT GUMBURA vs THE STATE
Ruled By: CHITAPI J

5 January 2021 Canon Law-viz religious indoctrination.Procedural Law-viz condonation re late noting of application for leave to appeal.Procedural Law-viz appeal re leave to ...

HHB93-10 : REGINA MLISA vs THE STATE
Ruled By: CHEDA J and NDOU J

21 June and 2 September 2010 Lawof Contracr-viz essential elements re intent iro contractual promise.Law of Contract-viz essential elements re animus contrahendi iro contractual promise.

HHB93-09 : ADMIRE KAMBA vs THE STATE
Ruled By: CHEDA J

7 September and 10 September 2009 Procedural Law-viz rules of evidence re concessions made between counsel iro the principle that the court is not bound by ...

HHB89-15 : EDNA SIBANDA vs THE STATE
Ruled By: MUTEMA J and MOYO J

16 March and 14 May 2015 Legal Practitioners-viz professional ethics.Procedural Law-viz condonation re liability of clients for the negligent acts of their legal practitioners.Constitutional Law-viz constitutional ...

HHB85-16 : THE STATE vs MVURACHENA TADZEMBWA
Ruled By: MATHONSI J and MAKONESE J

17 March 2016 Law of Contract-viz illegal agreement re voluntary assumption of risk.Law of Contract-viz illegal contract re volenti non fit injuria.

HHB84-15 : THE STATE vs PROUD MOYO and MAVIS MUTEMA
Ruled By: TAKUVA J

30 October and 13 May 2015 Constitutional Law-viz constitutional rights re torture, inhuman and degrading treatment iro assault in police custody.Constitutional Law-viz constitutional rights re torture, ...

HHB67-15 : THE STATE vs QINISO SIBANDA
Ruled By: MAKONESE J

10 March 2015 Family Law-viz domestic violence re murder iro chastisement of juveniles.Family Law-viz domestic violence re murder iro enforcement of discipline on ...

HHB62-15 : MICHAEL BIDDLECOMBE vs THE STATE
Ruled By: TAKUVA J and MOYO J

6 October 2014 and 14 May 2015 Land Acquisition-viz lawful authority to occupy gazetted land re section 3 of the Gazetted Land (Consequential Provisions) Act [Chapter 20:28].Procedural ...

HHB55-16 : FELODY MUNSAKA vs THE STATE
Ruled By: MATHONSI J

19 and 25 February 2016 Constitutional Law-viz constitutionality of statutory provisions re the Criminal Procedure and Evidence Act iro section 117 of the Criminal Procedure ...

HHB47-15 : DUDLEY RODGERS vs THE STATE
Ruled By: MAKONESE J and TAKUVA J

26 January and 12 March 2015 Land Acquisition-viz eviction re lawful authority to occupy gazetted land iro section 3 of the Gazetted Lands (Consequential Provisions) Act ...

HHB45-17 : MBONGENI MPOFU vs THE STATE
Ruled By: MATHONSI J and TAKUVA J

27 February 2017 and 9 March 2017 Family Law-viz domestic violence re Peace Order iro section 388 of the Criminal Procedure and Evidence Act [Chapter 9:07].Family Law-viz ...

HHB40-16 : TUNGAMIRAI NYENGERA vs THE STATE
Ruled By: MAKONESE J and MOYO J

28 September 2015 and 18 February 2016 Procedural Law-viz rules of evidence re digital evidence iro cellphone records.Constitutional Law-viz constitutional rights re privacy.Procedural Law-viz appeal re findings ...

HHB345-16 : NQOBILE KHUMALO vs THE PRESIDING MAGISTRATE N.O. (MR MZINGAYE MOYO) and THE PROSECUTOR GENERAL N.O.
Ruled By: MATHONSI J

25 November 2016 and 1 December 2016 Procedural Law-viz citation re party acting in an official capacity iro nominee officii.Procedural Law-viz citation re party acting in an ...

HHB30-20 : THE STATE vs ESTHER MOYO
Ruled By: MAKONESE J and ASSESSORS: MATEMBA and BAYE

28 January 2020 Family Law-viz domestic violence re murder iro chastisement of minors.Family Law-viz domestic violence re murder iro enforcement of discipline of ...

HHB26-20 : THE STATE vs BENJAMIN MPANDUKI
Ruled By: MAKONESE J and ASSESSORS: MATEMBA and BAYE

3 February 2020 Family Law-viz domestic violence re chastisement of minors.Family Law-viz domestic violence re enforcement of discipline of minors.Family Law-viz domestic violence ...

HHB24-15 : THE STATE vs THEMBINKOSI GUMBI
Ruled By: KAMOCHA J

2, 3 and 4 February 2015 Family Law-viz domestic violence re murder.Family Law-viz gender based violence.Family Law-viz gender-based violence.

HHB226-16 : ALPHONSUS ACHINULO vs W. MAPHIOS MOYO N.O. and THE STATE
Ruled By: MATHONSI J

18 August 2016 and 25 August 2016 Procedural Law-viz urgent chamber application re stay of proceedings iro unterminated proceedings.Procedural Law-viz urgent application re stay of proceedings iro ...

HHB21-11 : STATE vs NOMPUMELELO MPOFU
Ruled By: MATHONSI J and NDOU J

10 February 2011 Procedural Law-viz final orders re ex tempore judgment.

HHB182-13 : THE STATE vs CONRAD SIBANDA and FANUEL NOTSA DUBE and QUIET SIBANDA and MPILOKAMLIMU NCUBE
Ruled By: BERE J

21-23 May 2006; 30 May 2006; 24-25 October 2006; 3-5 July 2007; 11 July 2007; 18 July 2007 and 18 December 2013 Procedural Law-viz rules of evidence re the language of record.

HHB174-11 : PETER THOMAS ZULU vs THE STATE
Ruled By: KAMOCHA J and MATHONSI J

7 November 2011 and 10 November 2011 Procedural Law-viz writ of execution re enforcement of court orders.Procedural Law-viz writ of execution re enforcement of a judgments iro ...

HHB166-16 : ADMIRE CHIKWAYI vs THE STATE
Ruled By: KAMOCHA J and MAKONESE J

30 July 2015 and 23 June 2016 Constitutional Law-viz constitutional rights re limitation of constitutional rights.Constitutional Law-viz constitutional rights re criminal arrest iro arrest by entrapment.

HHB16-16 : ARNOLD SHAVA vs THE STATE and STORY RUSHAMBWA (N.O.)
Ruled By: MAKONESE J

11 February 2016 Procedural Law-viz review re section 26 of the High Court Act [Chapter 7:06] iro record of proceedings.Procedural Law-viz citation re ...

HHB14-15 : THE STATE vs ZONDIWE NCUBE
Ruled By: TAKUVA J and MUTEMA J

29 January 2015 Law of Property-viz vindicatory action re claim of right.Law of Property-viz rei vindicatio re claim of right.Procedural Law-viz final orders ...

HHB129-17 : THE STATE vs AGNES CHIPIKA
Ruled By: MAKONESE J

17 May 2017 Family Law-viz domestic violence re juvenile corporal punishment.Family Law-viz domestic violence re enforcement of discipline of minors.Family Law-viz domestic violence ...

HHB129-09 : RAPHAEL TSHABANGU and NICHOLAS TSHABANGU and DUMEZWENI TSHABANGU vs THE STATE
Ruled By: NDOU J

19 October 2009 and 10 December 2009 Constitutional Law-viz Constitutional rights re judicial dignity.Procedural Law-viz appeal re leave to appeal.Legal Practitioners-viz professional ethics.Procedural Law-viz appeal re record ...

HHB127-17 : THE STATE vs GLADYS MUTOPA
Ruled By: MAKONESE J and ASSESSORS: MATEMBA and BAYE

23 May 2017 Family Law-viz domestic violence re murder iro chastisement of children.Family Law-viz domestic violence re murder iro enforcement of discipline on ...

HHB125-16 : THE PROSECUTOR GENERAL OF ZIMBABWE vs TENDAI CHINEMBIRI
Ruled By: MAKONESE J

17 and 19 May 2016 Procedural Law-viz appeal re leave to appeal.Constitutional Law-viz Constitutional rights re the right to a fair trial iro section 69 ...

HHB124-17 : THE STATE vs FREDDY SHAVI
Ruled By: MAKONESE J and ASSESSORS: MATEMBA and BAYE

22 May 2017 Family Law-viz domestic violence re murder.Procedural Law-viz rules of evidence re improbable evidence.Procedural Law-viz rules of evidence re implausible evidence.Procedural ...

HHB118-14 : THE NATIONAL PROSECUTING AUTHORITY vs INNOCENT BEPURA (N.O.) and THOMAS CHAPETA
Ruled By: MAKONESE J and MOYO J

17 July and 24 July 2014 Banking Law-viz unlawful exportation of foreign currency re exchange control regulations iro section 20(1)(b) of the Exchange Control (General) Order, ...

HHB100-17 : ELIZABETH SHAVA vs PRIMROSE MAGOMORE N.O. and NATIONAL PROSECUTING AUTHORITY
Ruled By: MATHONSI J

20 April 2017 and 27 April 2017 Procedural Law-viz citation re party acting in an official capacity iro nominee officii.Procedural Law-viz citation re party acting in an ...

HHB07-16 : LOURENS M. BOTHA (SENIOR) and LOURENS M. BOTHA (JUNIOR) vs THE STATE
Ruled By: MAKONESE J and TAKUVA J

9 November 2015 and 28 January 2016 Law of Contract-viz purchase and sale re suspensive sales.Law of Contract-viz purchase and sale re conditional sales.

HHB06-16 : ALBANO ANTONIO MANUEL DA CUNHA and RJA KELLIE vs RANGARIRAI GAKANJE N.O. and THE STATE
Ruled By: MAKONESE J and MOYO J

18 December 2015 and 21 January 2016 Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz urgent chamber application.Procedural Law-viz review.Tax Law-viz customs duty re ...

HHB05-16 : LINDANI CAPHU vs THE STATE
Ruled By: MATHONSI J

15 January and 21 January 2016 Procedural Law-viz pleadings re admissions iro unchallenged averments.Procedural Law-viz rules of evidence re admissions iro the principle that what is ...

HHB01-11 : IDAH NYABEZA and MUNYARADZI MURENGA vs THE STATE
Ruled By: CHEDA J and NDOU J

1 November 2010 and 13 January 2011 Education Law-viz enrolment contract re undertaking by parent to pay fees.Education Law-viz debt collection re arrear fees.Education Law-viz enrolment contract ...

HH99-18 : C F (PVT) LTD vs ZIMBABWE REVENUE AUTHORITY
Ruled By: KUDYA J

28 and 29 September 2015 and 26 February 2018 Tax Law-viz income tax assessment re objections iro section 62 of the Income Tax Act [Chapter 23:06].Procedural Law-viz cause of ...

HH99-15 : COSMAS NYAMBARA vs CO-MINISTERS OF HOME AFFAIRS and COMMISSIONER GENERAL and DETECTIVE CONSTABLE MUUYA and DETECTIVE SEARGENT MUSEKIWA
Ruled By: DUBE J

29 October 2014, 17 and 28 November 2014 and 4 February 2015 Law of Delict-viz contumelia re unlawful arrest.Law of Delict-viz vicarious liability.Damages-viz delictual damages re contumelia.Procedural Law-viz rules of evidence re ...

HH99-12 : SHUNGU ENGINEERING (PVT) LTD vs SIMBARASHE SANGONDIMAMBO & ORS
Ruled By: MATHONSI J

22 February 2012 and 29 February 2012 Procedural Law-viz urgent chamber application re stay of execution iro labour proceedings.Labour Law-viz arbitration re execution of arbitral award.Labour Law-viz ...

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