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Civil Cases

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 ...

View Appeal
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 ...

View Appeal
HH964-15 : ECONET WIRELESS (PVT) LTD vs ZIMBABWE REVENUE AUTHORITY and COMMISSIONER GENERAL and STEWARD BANK LTD and CBZ BANK LTD and NMB BANK LTD and STANBIC BANK LTD
Ruled By: MUSAKWA J

29 October 2014, 25 November and 14 December 2015 Procedural Law-viz urgent chamber application.Procedural Law-viz final orders re consent order.Procedural Law-viz final orders re order by consent.Tax Law-viz customs ...

HH96-09 : RESMOND KATSANDE vs RUMANI REAL ESTATE (PVT) LTD AND FAIRWEST REAL ESTATE (PVT)
Ruled By: MAKARAU JP

3 and 23 September 2009 Agency Law-viz sale of land re engagement of an estate agent to find a purchaser iro commission payable.Purchase and Sale-viz ...

HH955-15 : SAMUEL UNDENGE vs BONGANI UNDENGE
Ruled By: MAKONI J and MWAYERA J

22 October 2015 and 19 November 2015 Procedural Law-viz appeal.Family Law-viz maintenance re children iro majors.Family Law-viz maintenance re judicial enquiry into responsible person's ability to pay.Family ...

HH95-17 : THOMAS PASI vs WONDER MUSHURE and LINDA MADZIVAIDZE N.O. [Executrix Dative Estate Taurayi Madzivaidze] and LINDA MADZIVAIDZE and THE REGISTRAR OF DEEDS N.O. and MASTER OF THE HIGH COURT N.O.
Ruled By: MAFUSIRE J

22 March 2016 and 10 February 2017 Procedural Law-viz citation re party acting in an official capacity.Law of Property-viz proof of title to immovable property re registered ...

HH95-16 : MANICA ZIMBABWE LTD vs GRINDSBERG INVESTMENTS (PVT) LTD and OTHERS
Ruled By: DUBE J

23, 24 September 2015 and 3 February 2016 Procedural Law-viz urgent application.Procedural Law-viz costs re wasted costs.Procedural Law-viz pleadings re withdrawal of pleadings iro withdrawal of claim.Procedural Law-viz ...

HH95-15 : LINDA MUDAWADZURI vs KINGDOM BANK AFRICA LTD and REAL DISTRIBUTORS (PVT) LTD and KUNYETU LAMBERT FAMILY TRUST and DEPUTY SHERIFF
Ruled By: CHATUKUTA J

2 February 2015 Procedural Law-viz urgent chamber application re stay of execution.Law of Property-viz proof of title re immovable property iro registered ...

HH95-10 : TIISO HOLDINGS (PTY) LIMITED vs ZIMBABWE IRON & STEEL COMPANY LIMITED
Ruled By: PATEL J

4 May and 6 July 2010 Law of Contract-viz debt re judgment debt iro foreign judgement.Procedural Law-viz cause of action re proceedings founded on a foreign ...

HH95-09 : FORRESTER ESTATE P/L vs MUTUMWAPAVI CHARLES RITCHIE VENGESAYI
Ruled By: CHATUKUTA J

8 September 2009 Property Law-viz mandament van spolie re land acquisition.Property Law-viz spoliation order re land acquisition.Procedural Law-viz urgency re spoliation order.Property Law ...

HH94-16 : THE MILTON GARDENS ASSOCIATION and SYRIL MUPANGURI vs TECLA MVEMBE and CHAMPION CONSTRUCTORS (PVT) LTD and REGISTRAR OF DEEDS, HARARE and THE SURVEYOR GENERAL
Ruled By: DUBE J

8 October 2015 and 3 February 2016 Procedural Law-viz rescission of default judgment re Rule 449 of the High Court Rules.Procedural Law-viz final orders re rescission of ...

HH94-15 : STELLA HAPAGUTI vs CECIL MADONDO (as Executor Dative in the Estate of the Late EXISTO FRANCIS HAPAGUTI) and MASTER OF THE HIGH COURT
Ruled By: CHITAKUNYE J

12 February 2015 Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz declaratory order.Procedural Law-viz declaratur.Estate Law-viz rights of beneficiaries re ...

Appealed
HH94-12 : ERIC MUSUNDIRE vs OK ZIMBABWE
Ruled By: BERE J

28 February 2011; 1 March 2011, 7 October 2011 and 6 March 2012 Law of Contract-viz promotions.Procedural Law-viz rules of evidence re documentary evidence.Procedural Law-viz rules of evidence re unchallenged evidence.Procedural Law-viz rules ...

HH94-11 : BEMBA FARM (PVT) LTD vs ZIMBABWE HORTICULTURE AGROINDUSTRIES AND GENERAL AGRICULTURE WORKERS UNION and OTHERS
Ruled By: BHUNU J

13 January 2011 and 11 May 2011 Procedural Law-viz urgent chamber application.Labour Law-viz collective job action.Procedural Law-viz jurisdiction re labour proceedings.Constitutional Law-viz constitutional rights re freedom of ...

HH94-09 : MATANDA (PRIVATE) LIMITED vs ONIAS GOTORE
Ruled By: MAKONI J

27 May 2009 and 17 June 2009 Procedural Law-viz contempt of court.Procedural Law-viz service of court process re personal service proceedings iro contempt of court proceedings.Procedural Law-viz ...

HH93-18 : CHITUNGWIZA MUNICIPALITY vs MAXWELL KARENYI
Ruled By: TAGU J

15 and 28 February 2018 Law of Property-viz vindicatory action re claim of right.Law of Property-viz rei vindicatio re claim of right.Procedural Law-viz urgent chamber ...

Appealed
HH93-16 : RITA MBATHA vs FARAI ZIZHOU and CONFEDERATION OF ZIMBABWE INDUSTRIES
Ruled By: DUBE J

14 January 2016 and 3 February 2016 Procedural Law-viz cause of action re special plea.Procedural Law-viz cause of action re exception.Damages-viz contumelia re sexual harassment.Law of Delict-viz ...

HH93-15 : ROMUS GUMISAI CHIHOTA vs MINISTER OF HOME AFFAIRS and COMMISSIONER GENERAL–ZIMBABWE REPUBLIC POLICE and OFFICER IN CHARGE- ZRP CHIREDZI
Ruled By: MATHONSI J

28 January 2015 and 4 February 2015 Procedural Law-viz cause of action re exception.Procedural Law-viz prescription re proceedings against the State iro section 70 of the Police ...

HH93-13 : SHEILA GREENLAND vs ZIMBABWE COMMUNITY HEALTH INTERVENTION RESEARCH PROJECT (ZICHIRE)
Ruled By: MATHONSI J

27 March and 3 April 2013 Legal Practitioners-viz professional ethics.Labour Law-viz labour arbitration re registration of arbitral award.Procedural Law-viz default judgment re failure to attend hearing.Labour ...

HH93-12 : AUGUSTINE RUSIKE AND REGIS RUSIKE vs MODIE MALIMAO
Ruled By: GUVAVA J and MAWADZE J

08 June 2011 & 01 March 2012 Procedural Law-viz appeals re ground of appeal iro dispute of fact.

HH93-11 : ELIZABETH KAMANGA vs ESTATE LATE BUTE CHIKONDO (represented by Oswald Bute Chikondo as executor) and MERCY CHIKONDO and CITY OF HARARE and MASTER OF THE HIGH COURT
Ruled By: GUVAVA J

22, 23 February 2010 and 7 April 2011 Procedural Law-viz declaratory order.Procedural Law-viz declaratur.Law of Property-viz proof of title to immovable property re registered rights iro cancellation of ...

HH93-10 : SHADRECK MUREHWA vs STEPHEN NYAMBUYA
Ruled By: KUDYA J

17 and 18 May and 2 June 2010 Defamation-viz damages re quantification of damages.Defamation-viz damages re assessment of damages.Defamation-viz oral utterances.Defamation-viz burden of proof.Defamation-viz retraction and apology re ...

HH93-09 : HAVEN CHIKUMBU vs BRYDEN TECHINICAL SERVICES (PRIVATE) LIMITED AND THE REGISTRAR OF DEEDS AND THE DEPUTY SHERIFF FOR HARARE
Ruled By: CHITAKUNYE J

9 September 2009 Law of Contract-viz unilateral cancellation.Purchase and Sale-viz property re conclusion of contract of sale iro presence of all essential elements.Purchase ...

HH928-15 : ABC BANK LIMITED vs MACKIE DIAMONDS BVA and THE DEPUTY SHERIFF HARARE, N.O.
Ruled By: HUNGWE J

24 October 2015, 10 and 25 November 2015 Procedural Law-viz citation re party acting in an official capacity iro nominus officiae.Procedural Law-viz urgent chamber application re stay of ...

HH92-15 : CAPRI (PVT) LTD vs HOWARD MAPONGA
Ruled By: MATHONSI J

28 January 2015 and 4 February 2015 Procedural Law-viz jurisdiction re labour proceedings iro section 89(6) of the Labour Act [Chapter 28:01].Procedural Law-viz jurisdiction re labour proceedings ...

HH92-14 : MANGWIRO SIBANDA vs JANE HAPPIAH CHIKUMBA and ALTFIN INSURANCE COMPANY
Ruled By: CHIGUMBA J

6 February 2014 and 27 February 2014 Damages-viz delictual damages re economic loss iro road traffic accident.Law of Delict-viz negligence re liability iro road traffic accident.Law of ...

HH92-11 : MHANYAMI FISHING AND TRANSPORT CO-OPERATIVE SOCIETY LIMITED and OTHERS vs THE DIRECTOR GENERAL PARKS AND WILDLIFE MANAGEMENT AUTHORITY N.O. and PARKS AND WILDLIFE MANAGEMENT AUTHORITY
Ruled By: MAKONI J

6 May 2010 and 15 June 2011 Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz jurisdiction re judicial deference iro an administrative decision.Procedural Law-viz ...

HH92-10 : MUDZIMUUNOERA APOSTOLIC CHURCH BOARD OF TRUSTEES vs MUDZIMUUNOERA APOSTOLIC CHURCH –GURUVE DIVISION and THE DEPUTY SHERIFF-MT DARWIN
Ruled By: MAKARAU JP

19 and 28 May 2010 Procedural Law-viz stay of execution.Procedural Law-viz urgent chamber application re stay of execution.Canon Law-viz factionalism.Canon Law-viz jurisdiction of formal courts ...

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