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Civil Cases

Appealed
HH64-12 : SHADRECK MOYO AND 13 ORS vs J. LARRY HOFFMAN and CENTRAL AFRICAN BATTERIES (PVT) LTD
Ruled By: KUDYA J

15 and 16 February 2012 Legal Practitioners-viz right of audience before the court re self actors.Legal Practitioners-viz right of audience before the court re litigants ...

HH64-10 : STATIONERY BOX (PVT) LTD vs NATCON (PVT) LTD and FARAI NDEMERA
Ruled By: MAKARAU JP

11 March and 14 April 2010 Procedural Law-viz summary judgment re debt.Law of Contract-viz debt re debt security iro co-principal debtor.Law of Contract-viz debt re debt ...

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HH637-15 : RICHARD MUDHANDA vs JENNIFER BROOKER and REGISTRAR OF DEEDS
Ruled By: MUREMBA J

10 June 2015 and 22 July 2015 Law of Contract-viz specific performance re specific performance ex contractu.Procedural Law-viz cause of action re special plea iro prescription.Procedural Law-viz ...

HH636-15 : SALTLAKES HOLDINGS (PVT) LTD and TEMBA MLISWA vs CBZ BANK LIMITED and THE SHERIFF OF ZIMBABWE N.O.
Ruled By: CHIGUMBA J

3 July 2015: 22 July 2015 Procedural Law-viz citation re party acting in an official capacity iro nominus officiae.Procedural Law-viz citation re party acting in an ...

HH635-14 : ECONET WIRELESS vs POSTAL AND TELECOMMUNICATIONS REGULATORY AUTHORITY OF ZIMBABWE (POTRAZ)
Ruled By: DUBE J

28 October 2014 and 3 and 17 November 2014 Procedural Law-viz urgent chamber application.Administrative Law-viz administrative directives.Administrative Law-viz administrative directive re the audi alteram partem rule.Procedural Law-viz urgent application ...

HH634-15 : TETRAD HOLDINGS (PVT) LTD and OTHERS vs NATIONAL SOCIAL SECURITY and OTHERS
Ruled By: BHUNU J

11 and June 2015 and 22 July 2015 Procedural Law-viz urgent chamber application re stay of execution.Procedural Law-viz default judgment.Law of Contract-viz debt re joint and several liability.Law ...

HH631-15 : GOLDEN REEF MINING (PRIVATE) LIMITED and FERBIT INVESTMENTS (PRIVATE) LIMITED vs MNJIYA CONSULTING ENGINEERS (PTY) LIMITED and THE SHERIFF
Ruled By: MAFUSIRE J

13 and 20 July 2015 Procedural Law-viz urgent chamber application re stay of execution.Procedural Law-viz judicial attachment re stay of execution.Procedural Law-viz provisional order re ...

HH63-16 : ASWEL NYANZARA vs MBADA DIAMONDS (PRIVATE) LIMITED
Ruled By: CHITAPI J

17 November 2015: 13 January 2016 Labour Law-viz employment contract re termination iro termination on notice.Labour Law-viz contract of employment re termination re vested rights of ...

HH63-13 : BLESSMORE Z. MABVURAMITI vs ALTFIN INSURANCE COMPANY
Ruled By: MAFUSIRE J

26 February 2013 Procedural Law-viz default judgment.Law of Contract-viz specific performance re specific performance ex contractu.Insurance Law-viz indemnity insurance.Law of Contract-viz specific performance ...

HH63-12 : PHILLIP MUDZIVIRI (as Executor Dative of the Estate Late Lovemore Ngwende) vs OLIVER MASOMERA
Ruled By: MUTEMA J

28 September 2011 Procedural Law-viz citation re party acting in an official capacity iro nominee officii.Procedural Law-viz citation re party acting in an ...

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HH626-14 : THE NATIONAL EMPLOYMENT COUNCIL FOR THE CONSTRUCTION INDUSTRY vs ZIMBABWE NANTONG INTERNATIONAL (PRIVATE) LIMITED
Ruled By: CHIGUMBA J

3 November 2014, 14 November 2014 Procedural Law-viz cause of action re exception.Procedural Law-viz jurisdiction re labour proceedings iro enforcement of Collective Bargaining Agreements.Procedural Law-viz jurisdiction ...

HH621-15 : DELTA CORPORATION LTD vs ZIMABWE REVENUE AUTHORITY
Ruled By: HLATSHWAYO J

23 January and 14 July 2015 Procedural Law-viz rules of evidence re documentary evidence.Company Law-viz shareholding re share transactions iro dividends.Company Law-viz shareholding re share transactions ...

HH62-14 : JOHANNES MAKONYE vs KENAE RAMODIMOOSI and ENTREDEV PROPERTY GROUP and C.H. LUKAS
Ruled By: CHIGUMBA J

28 October 2013 and 19 February 2014 Procedural Law-viz final orders re rescission of judgment iro arbitral award.Procedural Law-viz rescission of judgment re arbitration award iro section ...

HH62-11 : LANCASHIRE STEEL (PRIVATE) LIMITED vs TONDERAI ZISENGWE and 430 OTHERS and THE DEPUTY SHERIFF N.O. KWEKWE
Ruled By: BERE J

1 March 2011 Procedural Law-viz citation re multiple litigants.Procedural Law-viz judicial attachment re execution of an order of court.Procedural Law-viz urgent chamber application ...

HH62-10 : MOREBLESSINGS MAKOSA vs PATRICK MAKOSA
Ruled By: CHITAKUNYE J

13 May 2010 Family Law-viz decree of divorce re default judgment vis no appearance.Procedural Law-viz default judgment re no appearance.Procedural Law-viz pre trial ...

HH61-15 : WENZHOU ENTERPRISES vs CHEN SHAOLING
Ruled By: MAKONI J

24 July 2014 and 21 January 2015 Company Law-viz shareholding re share transactions.Procedural Law-viz jurisdiction re peregrinus.Procedural Law-viz jurisdiction re non-residents.Procedural Law-viz disputes of fact re material ...

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HH61-12 : ZIMBABWE OPEN UNIVERSITY vs GIDEON MAGARAMOMBE and THE DEPUTY SHERIFF HARARE N.O.
Ruled By: KUDYA J

1 February 2012 Procedural Law-viz citation re party acting in an official capacity iro nominus officiae.Procedural Law-viz judicial attachment re stay of execution ...

HH61-11 : COLLIN SYDNEY DICKS vs AVERIL CAROL DICKS
Ruled By: CHITAKUNYE J

2 July 2010, 30 August 2010, 7 and 8 September 2010, and 10 March 2011 Family Law-viz decree of divorce re civil marriage.Family Law-viz decree of divorce re civil marriage iro irretrievable breakdown of the ...

HH61-10 : WILLIAM WACHENUKA vs JOHN STRONG (PRIVATE) LIMITED and TOBS STRONG (PRIVATE) LIMITED and MINISTRY OF LANDS AGRICULTURE AND RESETTLEMENT
Ruled By: BERE J

23 and 24 March 2010 Procedural Law-viz urgent chamber application re urgency.Procedural Law-viz contempt of court.Procedural Law-viz jurisdiction re concurrent jurisdiction.Procedural Law-viz urgency re urgency ...

HH604-18 : PUWAYI CHIUTSI and ELLIOT RODGERS vs SHERIFF OF HIGH COURT and ELLIOT RODGERS and REGISTRAR OF DEEDS and BARIADIE INVESTMENTS PL and MC DUFF MADEGA N.O. and PUWAYI CHIUTSI
Ruled By: MATHONSI J

27 September and 3 October 2018 Procedural Law-viz citation re party acting in an official capacity iro nominus officiae.Procedural Law-viz consolidation of matters.Procedural Law-viz joinder of ...

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HH601-14 : SHI JINWU vs BIG VALLEY MASTERS (PRIVATE) LIMITED and PHILLIMON MUBATA
Ruled By: CHIGUMBA J

7 October 2014; 29 October 2014 Law of Contract-viz consensus ad idem re language of record.Law of Contract-viz debt re refund.Company Law-viz partnership re joint venture ...

HH600-14 : DELTA BEVERAGES (PVT) LTD vs FREEDOM CHIMURIWO and CLERK OF THE MAGISTRATES COURT FOR THE PROVINCE OF MASHONALAND IN HARARE N.O. and MESSENGER OF COURT
Ruled By: CHIGUMBA J

29 September 2014 and 29 October 2014 Procedural Law-viz citation re party acting in an official capacity iro nominus officiae.Procedural Law-viz urgent chamber application re stay of ...

HH60-15 : LOCAL AUTHORITIES PENSION FUND vs MUNYARADZI NYAKWAWA and JORAM ZIFUNZI and KINGSTON BUNGARE and EMMANUEL RAMUTSAMAYA and KINGDOM BANK LIMITED
Ruled By: MAFUSIRE J

28 October 2014 and 28 January 2015 Procedural Law-viz cause of action re exception.Law of Delict-viz negligence re vicarious liability.Law of Delict-viz negligence re professional negligence.Law of ...

HH60-14 : ZIMBABWE POSTS (PVT) LTD vs COMMUNICATION AND ALLIED SERVICES WORKERS UNION OF ZIMBABWE
Ruled By: MUTEMA J

14 November 2013 and 19 February 2014 Procedural Law-viz final orders re arbitral award iro setting aside of arbitral award.Procedural Law-viz arbitral award re setting aside of ...

HH60-13 : IMMACULATE BLESSING MABIZA vs IVON NGWIRA
Ruled By: MATHONSI J

26 February 2013 and 6 March 2013 Law of Property-viz claim for compensation for improvements to the property of another.Law of Contract-viz tender of settlement.Law of Contract-viz ...

HH60-11 : CONSTANTINE MABAUDI vs VIOLA MHORA
Ruled By: KARWI J and CHITAKUNYE J

3 March 2011 Procedural Law-viz civil appeal.Procedural Law-viz jurisdiction re monetary jurisdiction.Family Law-viz division of the assets of the spouses re customary law ...

HH60-09 : TENDAI MAZANHI vs DAISY MAROVANIDZE and CHEEZ HOLDINGS (PRIVATE) LIMITED
Ruled By: CHITAKUNYE J

03 June 2009 Law of Delict-viz negligence re economic loss iro road traffic accident.Procedural Law-viz pleadings re admissions.Law of Delict-viz negligence re contributory ...

HH595-15 : MAKANDI TEA AND COFFEE ESTATE (PVT) LTD vs THE ATTORNEY GENERAL OF ZIMBABWE N.O. and V. GAPARA N.O.
Ruled By: MAKONI J

7 November 2014 and 1 July 2015 Procedural Law-viz citation re party acting in an official capacity iro nominus officiae.Procedural Law-viz citation re party acting in an ...

HH593-15 : JESSIE CHINZOU vs OLIVER MASOMERA [as Executor Dative in the Estate late Fred Garikayi Muchenje] and THE MASTER OF THE HIGH COURT N.O. and CITY OF HARARE N.O.
Ruled By: CHITAKUNYE J

9 July 2015 Procedural Law-viz citation re party acting in an official capacity iro nominus officiae.Procedural Law-viz declaratory order re disguised application for ...

HH592-14 : PARENTS HWATA vs CAROLINE ZVINGWE
Ruled By: CHITAKUNYE J and TSANGA J

30 October 2014 Procedural Law-viz civil appeal.Family Law-viz maintenance re minors iro section 4(1) of the Maintenance Act [Chapter 5:09].Family Law-viz maintenance re ...

Appealed
HH591-18 : CAINOS CHINGOMBE and TENDAI KWENDA vs CITY OF HARARE and MINISTER OF LOCAL GOVERNMENT, PUBLIC WORKS AND NATIONAL HOUSING and HOSEA CHISANGO N.O. and GEORGE MAKINGS N.O. and CHENAI GUMIRO N.O.
Ruled By: MATHONSI J

25 September 2018 and 3 October 2018 Procedural Law-viz citation re party acting in an official capacity iro nominus officiae.Procedural Law-viz jurisdiction re labour proceedings iro section ...

HH59-15 : REUBEN MARUMAHOKO and EDWARD CHIMEDZA and NEVER CHIROWAPASI vs PROVINCIAL MINING DIRECTOR, MASHONALAND WEST (N.O) and OFFICER IN CHARGE, ZIMBABWE REPUBLIC POLICE (N.O.)
Ruled By: MUREMBA J

24 December 2014 and 6 January 2015 Procedural Law-viz urgent chamber application.Procedural Law-viz final orders re ex tempore judgment iro the entitlement of a litigating party to ...

HH59-13 : MARGARET SUMBURERU vs PRISCA CHINAMORA and THE MASTER OF THE HIGH COURT and WILBERT NYAMUPFUKUDZA N.O.
Ruled By: GUVAVA J

21 September 2012 and 21 February 2013 Estate Law-viz rights of beneficiaries re testate succession.Procedural Law-viz citation re party acting in an official capacity.Estate Law-viz appointment of ...

HH59-11 : PATHFINDER INTERNATIONAL (PVT) LTD vs THE TRUSTEES OF ALEXANDER CLUB
Ruled By: BHUNU J

24 February 2011 and 25 February 2011 Procedural Law-viz principle of finality to litigation re dismissal of matter for want of prosecution.

HH59-10 : INTERCONTINENTAL HOLDINGS (PVT) LTD vs VERONICA NECHITIMA AND TEN MWANZA AND FOUR OTHERS
Ruled By: MTSHIYA J

18 March 2010 and 31 March 2010 Law of Property-viz vindicatory action re eviction from immovable property.Law of Property-viz rei vindicatio re eviction from immovable property.Labour Law-viz ...

HH59-09 : TRUST CORPORATION SECURITIES (PRIVATE) LIMITED vs L.M. GABILO and DEVORGILLE KATSANZA
Ruled By: UCHENA J

22 January 2009 and 3 June 2009 Labour Law-viz discipline re suspension from duty.Labour Law-viz labour arbitration re arbitration proceedings.Procedural Law-viz rules of evidence re documentary evidence.Constitutional ...

HH586-15 : TEMBA MLISWA vs THE CHAIRPERSON (ZEC) and ZIMBABWE ELECTORAL COMMISSION and OTHERS
Ruled By: UCHENA J

8, and 9 June 2015 Electoral Law-viz electoral petitions re relief seeking abeyance of holding of elections iro political violence.Electoral Law-viz electoral applications re suspension ...

HH586-14 : WELLINGTON TAKAWIRA vs CZI INCORPORATED (PVT) LTD
Ruled By: UCHENA J

10 and 29 October 2014 Labour Law-viz employment contract re termination iro vested rights of ex employees.Labour Law-viz termination of contract of employment re vested ...

HH584-14 : TONDERAI NJANIKE vs THE CHAIRMAN, POLICE SERVICE COMMISSION
Ruled By: MWAYERA J

17 September 2014 and 29 October 2014 Labour Law-viz employment contract re public service iro police force.Labour Law-viz contract of employment re public service iro police force.Procedural ...

Appealed
HH583-15 : ZIMBABWE ALLIED BANK LIMITED vs CALEB DENGU and WILSON TENDAI NYABANDA
Ruled By: MUREMBA J

15 June 2015 and 1 July 2015 Law of Contract-viz debt re debt security iro surety.Law of Contract-viz debt re debt security iro co-principal debtor.Procedural Law-viz prescription.Procedural ...

HH58-15 : WILBERG INVESTMENTS (PVT) LTD vs TWALUMBA HOLDINGS (PVT) LTD
Ruled By: MATHONSI J

20 January 2015 and 28 January 2015 Procedural Law-viz summary judgment.Law of Contract-viz debt re contractual debt iro acknowledgement of debt.Law of Contract-viz debt re contractual debt ...

HH58-14 : MICHAEL P. HITSCHMAN and PESCA (PVT) LTD vs COMMISSIONER - GENERAL OF POLICE and CO-MINISTERS OF HOME AFFAIRS and ATTORNEY GENERAL and SUPERINTENDENT ARNOLD DHLIWAYO
Ruled By: NDEWERE J

21 November 2013 and 12 February 2014 Procedural Law-viz automatic bar re failure to file heads of argument iro Rule 238(2).Procedural Law-viz rules of court re High ...

HH58-13 : NATIONAL CONSTITUTIONAL ASSEMBLY and LOVEMORE MADHUKU vs THE PRESIDENT OF THE REPUBLIC OF ZIMBABWE N.O. and THE CHAIRPERSON / ACTING CHAIRPERSON OF THE ZIMBABWE ELECTION COMMISSION N.O.
Ruled By: CHIWESHE JP

25 February 2013 and 28 February 2013 Procedural Law-viz urgent chamber application.Procedural Law-viz citation re voluntary associations.Procedural Law-viz citation re voluntary associations iro universitas.Procedural Law-viz locus standi ...

HH58-12 : ASHANTI GOLDFIELDS ZIMBABWE LIMITED t/a FREDA REBECCA MINE vs JOACHIM C NGUWO
Ruled By: MUTEMA J

29 March 2011 Procedural Law-viz summary judgement re eviction proceedings.Procedural Law-viz appeal re leave to appeal iro section 43 of the High Court ...

HH58-11 : ART CORPORATION LIMITED t/a CHLORIDE ZIMBABWE vs PENCASH INVESTMENTS (PRIVATE) LIMITED and ADAM SENI ABDULA
Ruled By: MTSHIYA J

2 November 2010 and 2 March 2011 Law of Property-viz lease agreement re termination.Law of Property-viz agreement of lease re termination iro notice of cancellation.Law of Property-viz ...

Appealed
HH58-10 : DRAWING SERVICES (PVT) LTD vs BETTY KANYUCHI
Ruled By: BERE J

3-4 September, 12-13, 19, 20 and 21 October 2009 and 3 March 2010 Procedural Law-viz rules of evidence re evidence on behalf of a corporate entity iro institutional memory.Law of Property-viz vindicatory action ...

HH579-14 : RICHARD CHIWANDIRE vs CYNTHIA CHIWANDIRE
Ruled By: CHITAKUNYE J and TSANGA J

14 October 2014 Procedural Law-viz civil appeal.Family Law-viz maintenance re minor child.Family Law-viz maintenance re spousal maintenance.Family Law-viz maintenance re post divorce maintenance ...

HH572-14 : GLADYS MACHAWIRA vs PG INDUSTRIES (PRIVATE) LIMITED
Ruled By: MAFUSIRE J

16 September 2013 and 22 October 2014 Procedural Law-viz declaratory order.Procedural Law-viz declaratur.Legal Practitioners-viz professional ethics.Procedural Law-viz rules of evidence re documentary evidence.Labour Law-viz contract of employment ...

HH571-15 : MILTON MUNODAWAFA vs DISTRICT ADMINISTRATOR MASVINGO and PROVINCIAL ADMINISTRATOR and DIRECTOR, TRADITIONAL LEADERS SUPPORT and MINISTER OF LOCAL GOVERNMENT and EPHIAS MUNODAWAFA
Ruled By: TSANGA J

18 May and 24 June 2015 Traditional Leadership-viz removal of a chief re section 283 of the Constitution.Procedural Law-viz declaratory order re disguised application for review.Procedural ...

HH571-14 : CFI HOLDINGS LTD vs FIDELITY LIFE ASSURANCE OF ZIMBABWE LIMITED
Ruled By: MATANDA-MOYO J

15 and 20 October 2014 Procedural Law-viz urgent chamber application.Procedural Law-viz form of proceedings re chamber applications iro Rule 241.Procedural Law-viz rules of court re ...

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