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Civil Cases

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 ...

HH99-10 : CRAIG ROBINSON vs ROBERT ROOT PROPERTY CONSULTANTS and HAMMER AND TONGUES (PVT) LTD
Ruled By: MAKARAU JP

14 and 19 January and 9 June 2010 Law of Property-viz the anti-dissipation interdict re judicial caveat.Procedural Law-viz final orders re confirmation or discharge of an interim interdict.Procedural ...

HH99-09 : ALSPITE INVESTMENTS (PRIVATE) LIMITED vs TENDAYI WESTERHOFF
Ruled By: MAKARAU JP

9 June, 6 and 7 July and 7 October 2009 Law of Property-viz proof of title re immovable property iro registered rights.Procedural Law-viz final orders re consent order.Procedural Law-viz final ...

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HH98-16 : VADAC PROPERTIES [PRIVATE] LIMITED vs CURE CHEM OVERSEAS [PRIVATE] LIMITED
Ruled By: MAFUSIRE J

22 September 2015; 13 November 2015 and 3 February 2016 Law of Property-viz lease agreement re damages to leased premises.Law of Property-viz agreement of lease re damages to leased property.Damages-viz ...

HH98-15 : CRISWELL JOWA vs NMB BANK OF ZIMBABWE
Ruled By: MUSAKWA J

26 January and 4 February 2015 Procedural Law-viz chamber application.Procedural Law-viz judicial attachment re judicial sale in execution iro suspension of judicial sale in execution.Procedural Law-viz ...

HH98-111 : REUBEN ADMIRAL CHINOTSA vs THE STATE
Ruled By: OMERJEE J and MUSAKWA J

19 and 31 May 2011 Please refer to HH98-11 under Criminal Law.

HH98-10 : FIONA EVELYN TAISEKWA JIRIRA vs ZIMCOR TRUSTEES LIMITED and REGISTRAR OF DEEDS
Ruled By: MAKARAU JP

14 May and 9 June 2010 Procedural Law-viz form of procedure re relief sought.Procedural Law-viz form of procedure re relief sought iro application procedure.Law of Property-viz ...

HH98-09 : KENNETH TOGARA vs THE STATE
Ruled By: KARWI J and UCHENA J

25 September 2009 Contempt of Court re Magistrates Court Act iro sentencing.Contempt of Court-viz sentencing re statutory provisions.Contempt of Court-viz insulting a magistrate ...

HH978-15 : IGNATIUS MASAMBA vs SECRETARY-JUDICIAL SERVICE COMMISSION
Ruled By: MUNANGATI-MANONGWA J

16 November 2015 and 23 December 2015 Procedural Law-viz cause of action re exception.Procedural Law-viz default judgement.Law of Delict-viz vicarious liability.Procedural Law-viz cause of action re vague ...

HH974-15 : GUGULETHU HURASHA vs CENTRAL AFRICAN BUILDING SOCIETY and FIRST CAPITAL PLUS and ITAYI MUNYEZA and SHERIFF OF ZIMBABWE and MASTER OF THE HIGH COURT
Ruled By: NDEWERE J

17 December 2015 Procedural Law-viz urgent application re stay of execution.Procedural Law-viz final orders re consent order.Procedural Law-viz final orders re order by ...

HH97-17 : IGNATIUS MASAMBA vs SECRETARY – JUDICIAL SERVICE COMMISSION
Ruled By: MANGOTA J

31 January and 10 February 2017 Procedural Law-viz final orders re rescission of judgment iro Rule 449 of the High Court Rules.Procedural Law-viz final orders re ...

HH97-15 : RESERVE BANK OF ZIMBABWE vs ALLIED BANK LIMITED and UNILIVER SOUTH EAST AFRICA PENSION FUND and MESSENGER OF COURT, HARARE
Ruled By: CHATUKUTA J

21 January 2015 Procedural Law-viz urgent chamber application re stay of execution.Procedural Law-viz rules of evidence re unchallenged evidence.Procedural Law-viz rules of evidence ...

HH97-13 : SAMSON HLANGANAYI MHLANGA vs PRISILA MAKUYANA and DEPUTY SHERIFF- HARARE
Ruled By: MANGOTA J

28 March 2013 Procedural Law-viz urgent chamber application.Procedural Law-viz dirty hands principle.Procedural Law-viz locus standi.Procedural Law-viz final orders re principle of finality to ...

HH97-09 : WILLARD MAZHAWIDZA AND DORNICA MAZHAWIDZA vs ISAYA MASHAYAKARARA
Ruled By: GOWORA J

24 September 2009 & 7 October 2009 Property Law-viz joint ownership re immovable property.Property Law-viz vindicatory action re immovable property iro eviction.Property Law-viz Deeds Registry re proof ...

HH965-15 : CONPLANT TECHNOLOGY (PVT) LTD vs WENTSPRING INVESTMENTS (PVT) LTD
Ruled By: MAFUSIRE J

15 and 28 September 2015; 16 December 2015 Law of Contract-viz dispute resolution re arbitration clause.Procedural Law-viz jurisdiction re concurrent jurisdiction iro contractual jurisdictional ousting provisions.Procedural Law-viz cause ...

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