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Civil Cases

SC64-21 : PATRICK MANJOVHA vs DELTA BEVERAGES (PRIVATE) LIMITED
Ruled By: GWAUNZA DCJ, HLATSHWAYO JA and BHUNU JA

30 January 2020 and 24 May 2021 Procedural Law-viz prescription re labour proceedings.Procedural Law-viz condonation re extension of time within which to note an appeal.Procedural Law-viz condonation ...

SC64-18 : MISHECK MUBVUMBI vs CITY OF HARARE
Ruled By: MAKARAU JA, HLATSHWAYO JA and PATEL JA

29 May 2018 and 22 October 2018 Labour Law-viz retirement re summary retirement from employment.Labour Law-viz pensions re pension funds iro the Pensions and Provident Funds Act ...

SC64-17 : THOKOZILE ZINONDO vs CAFCA LIMITED
Ruled By: GWAUNZA JA

24 July 2017 Procedural Law-viz appeal re leave to appeal iro labour proceedings.Procedural Law-viz leave to appeal re labour proceedings iro section 92F(3) ...

SC64-15 : TELONE (PVT) LTD vs BIGBOY SENGENDE
Ruled By: ZIYAMBI JA, GARWE JA and GOWORA JA

21 May 2015 Labour Law-viz contract of employment re termination iro section 12B(3) of the Labour Act [Chapter 28:01].Labour Law-viz employment contract re ...

SC64-14 : CENTRAL AFRICAN BATTERIES vs JOHN MHANGU
Ruled By: GARWE JA, GOWORA JA and HLATSHWAYO JA

10 June 2013 and 25 August 2014 Labour Law-viz damages re back pay iro quantification.Procedural Law-viz rules of evidence re documentary evidence.Labour Law-viz damages re backpay iro ...

Appealed
SC63-21 : GATEWAY PRIMARY SCHOOL and KM RICQUEBOURG N.O. and GATEWAY PRIMARY SCHOOL PARENTS ASSOCIATION vs MARINDA FENESEY and THE SHERIFF OF ZIMBABWE
Ruled By: HLATSHWAYO JA, GUVAVA JA and BHUNU JA

13 March 2018 and 24 May 2021 Procedural Law-viz citation re party acting in an official capacity iro nominee officii.Procedural Law-viz citation re party acting in an ...

SC63-18 : SERGEANT MHANDE 04737T and CONSTABLE MHAKA 081215B vs CHAIRMAN OF THE POLICE SERVICE COMMISSION and COMMISSIONER GENERAL OF POLICE and MINISTER OF HOME AFFAIRS
Ruled By: BERE JA

4 and 5 October 2018 Procedural Law-viz appeal re reinstatement of an appeal.Procedural Law-viz rules of evidence re corroborative evidence iro supporting affidavit.Procedural Law-viz rules ...

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SC63-17 : UNIVERSITY OF ZIMBABWE vs KENNETH MUGUMBATE and GOHODZI GOHODZI and MASINIRE RICHARD and MATEKU RICHARD and MLAMBO TINASHE and NYAMUZIHWA RINASHE
Ruled By: GWAUNZA JA, HLATSHWAYO JA and MAVANGIRA JA

2 July 2015 and 16 October 2017 Administrative Law-viz administrative prerogative.Procedural Law-viz declaratory order re section 14 of the High Court Act [Chapter 7:06].Procedural Law-viz declaratur re ...

SC63-14 : UNITED REFINERIES LIMITED vs MINING INDUSTRY PENSION FUND and REGISTRAR OF DEEDS and ERROL S. WOLHUTTER and AUSTIN J. SIBANDA t/a JOEL PINCUS KONSON AND WOLHUTTER
Ruled By: ZIYAMBI JA, GWAUNZA JA and GOWORA JA

20 September 2013 and 8 September 2014 Procedural Law-viz affidavits re supplementary affidavits.Procedural Law-viz affidavits re further affidavits.Procedural Law-viz rules of evidence re competent witness iro supporting ...

SC63-05 : OLIVINE INDUSTRIES (PVT) LIMITED vs DAVID GWEKWERERE
Ruled By: GWAUNZA JA

16 May and 29 November 2005 Labour Law-viz discipline re suspension without pay.Procedural Law-viz rules of evidence re documentary evidence.Labour Law-viz discipline re disciplinary proceedings iro ...

SC62-20 : THANDO NCUBE vs FIDELITY PRINTERS AND REFINERIES (PRIVATE) LIMITED
Ruled By: MAKARAU JA

25 February 2020 and 1 June 2020 Procedural Law-viz appeal re leave to appeal re labour proceedings.Company Law-viz legal personality re the rule of separate legal existence ...

SC62-17 : PAUL GARWE vs THE PUBLIC SERVICE COMMISSION
Ruled By: GWAUNZA JA, HLATSHWAYO JA and MAVANGIRA JA

5 March 2015 and 16 October 2017 Labour Law-viz contract of employment re termination iro public service employee.Labour Law-viz retirement on medical grounds re pending disciplinary proceedings.Procedural ...

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SC61-22 : BDO ZIMBABWE CHARTERED ACCOUNTANTS vs ROBIN VELA and THE AUDITOR GENERAL OF ZIMBABWE
Ruled By: BHUNU JA, MATHONSI JA and CHIWESHE JA

14 June 2021 and 10 June 2022 Procedural Law-viz consolidation of matters.Procedural Law-viz joinder of actions.Administrative Law-viz public functions carried out by private companies.Administrative Law-viz judicial review ...

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SC61-21 : COSMA CHIANGWA vs DAVID KATERERE and ROBERT CAMPBELL LOGAN and ISRAEL GUMUNYU and REGISTRAR OF DEEDS and EDMOND CHIVHINGE and MASTER OF THE HIGH COURT
Ruled By: BHUNU JA, MATHONSI JA and CHITAKUNYE AJA

15 October 2020 and 24 May 2021 Procedural Law-viz declaratory order.Procedural Law-viz declaratur.Law of Contract-viz purchase and sale re passing of title.Law of Property-viz proof of title ...

SC61-18 : ILASHA MINING (PRIVATE) LIMITED vs YATAKALA TRADING (PRIVATE) LIMITED t/a VIKING HARDWARE DISTRIBUTORS
Ruled By: BHUNU JA

9 July 2018 and 5 October 2018 Procedural Law-viz appeal re reinstatement of appeal.Procedural Law-viz appeal re dismissal of an appeal iro Rule 44(1) of the Supreme ...

Appealed
SC61-17 : ARUNDEL SCHOOL and CHISIPITE SENIOR SCHOOL and ST JOHNS EDUCATIONAL and GATEWAY SCHOOL and ST GEORGES COLLEGE and CHRISTIAN BROTHERS COLLEGE vs ZIMBABWE REVENUE AUTHORITY
Ruled By: GARWE JA, GUVAVA JA and UCHENA JA

3 February and 12 October 2017 Tax Law-viz employee tax re taxable benefits iro section 8 of the Income Tax Act [Chapter 23:06].Procedural Law-viz appeal re ...

SC61-13 : GOODLIVING REAL ESTATE (PRIVATE) LIMITED and JEROME NDUBISI OKEKE vs LIN ZHONGMIN
Ruled By: ZIYAMBI JA, GARWE JA and PATEL JA

14 October 2013 Law of Property-viz lease agreement re rent regulations iro commitment fees.Law of Property-viz agreement of lease re rent regulations iro ...

SC61-07 : AGRICULTURAL BANK OF ZIMBABWE LIMITED t/a AGRIBANK vs CLEMIO MACHINGAIFA AND CHENJERAI MUTAMBISI
Ruled By: SANDURA JA, ZIYAMBI JA and GARWE JA

15 October 2007 and 17 March 2008 Labour Law-viz contract of employment re contractual benefits iro allowances.Labour Law-viz employment contract re variation of conditions of service.Procedural Law-viz ...

SC60-21 : LEATHOUT INVESTMENTS (PVT) LTD vs FUTURE MUVIRIMI and PETRONELLA MUVIRIMI
Ruled By: GOWORA JA, PATEL JA and BERE JA

4 October 2019 and 7 June 2021 Law of Property-viz proof of title re immovable property iro registered rights.Law of Property-viz vindicatory action re claim of right.Law ...

SC60-17 : ASHANTI GOLDFIELDS ZIMBABWE LIMITED vs JAFATI MDALA
Ruled By: ZIYAMBI JA, HLATSHWAYO JA and GUVAVA JA

18 March 2014 and 3 October 2017 Law of Property-viz lease agreement re lease to buy agreement.Law of Property-viz agreement of lease re lease with an option ...

SC60-15 : SIMON GAZI vs NATIONAL RAILWAYS OF ZIMBABWE
Ruled By: ZIYAMBI JA, GWAUNZA JA and MAVANGIRA AJA

16 March and 19 October 2015 Labour Law-viz employment contract re termination iro absence from duty without reasonable excuse.Procedural Law-viz default judgment re failure to attend ...

SC59-18 : ST. GILES MEDICAL REHABILITATION CENTRE vs LAMBERT PATSANZA
Ruled By: GARWE JA, GUVAVA JA and UCHENA JA

23 September 2016 Labour Law-viz employment contract re probation.Labour Law-viz contract of employment re termination iro unsuccessful completion of probationary period.Labour Law-viz employment ...

SC59-17 : RAYMOND KASEKE vs A A MUSUNGA and PATRICIA DHLAKAMA and THE REGISTRAR OF DEEDS
Ruled By: GWAUNZA JA, GUVAVA JA and BHUNU JA

9 February 2017 Law of Contract-viz option.Law of Contract-viz reserved right.Law of Contract-viz termination of a contract re notice of cancellation iro section ...

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SC59-16 : ZIMRE PROPERTY INVESTMENTS LIMITED vs SAINTCOR (PVT) LTD t/a V. TRACK and JOHN SHUMBA
Ruled By: ZIYAMBI JA, GARWE JA and GOWORA JA

22 May 2015 and 1 December 2016 Procedural Law-viz prescription.Law of Contract-viz debt re contractual debt.Law of Contract-viz debt re debt security iro surety.Law of Contract-viz debt ...

Appealed
SC59-15 : NATIONAL EMPLOYMENT COUNCIL FOR THE CONSTRUCTION INDUSTRY vs ZIMBABWE NANTONG INTERNATIONAL (PVT) LTD
Ruled By: MALABA DCJ, GWAUNZA JA and PATEL JA

5 June and 20 October 2015 Law of Contract-viz debt re contractual debt iro Labour Collective Bargaining Agreement.Procedural Law-viz exception.Procedural Law-viz prescription.Law of Contract-viz debt re ...

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SC59-14 : PHARAOH B. MUSKWE vs DOUGLAS NYAJINA and MUNHUWEI G.T. and MINISTER OF LOCAL GOVERNMENT, NATIONAL HOUSING AND URBAN DEVELOPMENT N.O.
Ruled By: GARWE JA, GOWORA JA, and OMERJEE AJA

21 January 2013 and 14 August 2014 Procedural Law-viz citation re party acting in an official capacity.Traditional Law-viz chieftainship re principles of succession.Procedural Law-viz declaratory order re ...

SC59-13 : GWERU WATER WORKER'S COMMITTEE vs CITY OF GWERU
Ruled By: ZIYAMBI JA

3 December and 9 December 2013 Procedural Law-viz appeal re leave to appeal iro labour proceedings.Procedural Law-viz condonation re failure to note an appeal timeously.Procedural Law-viz ...

Appealed
SC58-20 : YUSUF GAIBIE and MILLY GAIBIE N.O. vs ALEXANDER CASTANHEIRA and RACHEL CASTANHEIRA
Ruled By: GARWE JA, BHUNU JA and MAKONI JA

24 March and 27 March 2020 Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz absolution from the instance.Procedural Law-viz rules of evidence re ...

SC58-19 : COMPETITION AND TARIFF COMMISSION vs IWAYAFRICA ZIMBABWE (PRIVATE) LIMITED
Ruled By: GWAUNZA DCJ, MAKARAU JA and BHUNU JA

23 October 2018 and 1 July 2019 Competition Law-viz the Competition Act [Chapter 14:28].Procedural Law-viz absolution from the instance.Competition Law-viz mergers re notifiable mergers.Company Law-viz share transactions ...

Appealed
SC58-18 : BONNYVIEW ESTATES (PRIVATE) LIMITED vs ZIMBABWE PLATINUM MINES (PRIVATE) LIMITED and THE MINISTRY OF LANDS AND RURAL RESETTLEMENT
Ruled By: MAKARAU JA

19 July 2018 and 26 September 2018 Procedural Law-viz condonation re late filing of an appeal.Procedural Law-viz appeal re extension of time within which to to note ...

SC58-15 : ERICKSON MVUDUDU vs AGRICULTURAL AND RURAL DEVELOPMENT AUTHORITY
Ruled By: MALABA DCJ, GWAUNZA JA and PATEL JA

19 May and 20 October 2015 Labour Law-viz damages in lieu of reinstatement re quantification.Labour Law-viz contract of employment re termination.Procedural Law-viz appeal re cross-appeal.Labour Law-viz ...

SC57-20 : TENDAI BONDE vs NATIONAL FOODS LIMITED
Ruled By: GARWE JA, BHUNU JA and MAKONI JA

23 and 27 March 2020 Procedural Law-viz final orders re rescission of final order iro Rule 449 of the High Court Rules.Procedural Law-viz final orders ...

SC57-19 : THE COLD CHAIN (PRIVATE) LIMITED t/a SEA HARVEST vs ROBSON MAKONI
Ruled By: GOWORA JA, HLATSHWAYO JA and MAVANGIRA JA

28 February 2018 and 28 June 2019 Procedural Law-viz final orders re variation of a court order iro the final and conclusive rule.Procedural Law-viz final orders re ...

SC57-18 : DRUM CITY (PRIVATE) LIMITED vs BRENDA GARUDZO
Ruled By: GWAUNZA DCJ, MAKARAU JA and MAKONI JA

26 June 2018 and 25 September 2018 Labour Law-viz conciliation re labour officer ruling iro confirmation of a labour officer ruling.Labour Law-viz conciliation re labour officer ruling ...

SC57-15 : D. L. MAKGATHO vs OLD MUTUAL LIFE ASSURANCE (ZIMBABWE) LIMITED
Ruled By: GWAUNZA JA, GARWE JA and PATEL JA

13 March 2014 Law of Contract-viz debt re contractual debt.Law of Contract-viz debt re debt security iro surety.Law of Contract-viz debt re debt ...

SC57-05 : FIRST BANKING CORPORATION LTD vs BALTHAZAR MARIMO
Ruled By: SANDURA JA, ZIYAMBI JA and GWAUNZA JA

21 March and 24 October 2005 Labour Law-viz disciplinary verdict re reinstatement iro damages in lieu of reinstatement.Labour Law-viz discipline re suspension from duty iro section ...

Appealed
SC56-20 : MOVEMENT FOR DEMOCRATIC CHANGE and NELSON CHAMISA and MORGAN KOMICHI vs ELIAS MASHAVIRA and ELIAS MUDZURI and THOKOZANI KHUPE and DOUGLAS MWONZORA
Ruled By: GARWE JA, PATEL JA and GUVAVA JA

17 and 18 and 23 October 2019 and 31 March 2020 Company Law-viz voluntary associations re vesting of administrative powers.Company Law-viz unincorporated associations re the vesting of administrative authority.Procedural Law-viz locus ...

SC56-18 : CITY OF GWERU vs RICHARD MASINIRE
Ruled By: GWAUNZA JA, MAVANGIRA JA and BHUNU JA

29 May 2017 and 27 September 2018 Labour Law-viz employment contract re termination iro senior urban council employees.Labour Law-viz disciplinary proceedings re senior urban council officials.Local Authorities-viz ...

SC56-16 : AJASI WALA vs FREDA REBECCA MINE
Ruled By: MALABA DCJ, GWAUNZA JA and MAVANGIRA JA

23 May 2016 Labour Law-viz contract of employment re termination iro breach of trust.Labour Law-viz contract of employment re termination iro discretion of ...

SC56-13 : ELIZABETH NDAVA vs TENDAI CHIVIZHE TAKARUWA and ELIZABETH ARTZINGER
Ruled By: MALABA DCJ, ZIYAMBI JA and GOWORA JA

17 June and 5 December 2013 Damages-viz delictual damages re bodily injury iro road traffic accident.Law of Delict-viz vicarious liability re negligence.Procedural Law-viz manner of proceedings ...

SC55-18 : WARDLOVE MUPARAGANDA vs COMMERCIAL WORKERS UNION OF ZIMBABWE
Ruled By: GARWE JA, GUVAVA JA and BHUNU JA

3 July 2018 and 27 September 2018 Labour Law-viz suspension of an employee.Labour Law-viz disciplinary hearings re Employment Code of Conduct.Procedural Law-viz rules of evidence re documentary ...

SC55-17 : OK ZIMBABWE LIMITED vs ARDMBARE PROPERTIES (PRIVATE) LIMITED and DANIEL TIVADAR N.O.
Ruled By: GWAUNZA JA, PATEL JA and MAVANGIRA JA

2 March and 12 September 2017 Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz final orders re arbitral awards iro setting aside of ...

Appealed
SC55-16 : GOLDEN REEF MINING (PRIVATE) LIMITED and FERBITT INVESTMENTS (PRIVATE) LIMITED vs MNJIYA CONSULTING ENGINEERS (PTY) LIMITED
Ruled By: MALABA DCJ, GOWORA JA and BHUNU JA

4 March 2016 Procedural Law-viz default judgment re rescission of default judgment.Partnership Law-viz joint venture.Company Law-viz shareholding re share transactions.Procedural Law-viz rules of ...

SC55-15 : ZIMBABWE BANKING CORPORATION LIMITED vs SAIDI MBALAKA
Ruled By: GWAUNZA JA, GOWORA JA and MAVANGIRA AJA

3 and 5 August 2015 Labour Law-viz employment contract re termination.Labour Law-viz contract of employment re termination iro insubordination.Labour Law-viz employment contract re termination iro ...

SC55-13 : FREDRICK CHARLES MUTANDA vs THE STATE and KUDAKWASHE JARABINI
Ruled By: MALABA DCJ, GARWE JA and GOWORA JA

5 February and 5 December 2013 Procedural Law-viz recusal re judicial bias.Legal Practitioners-viz professional ethics.Procedural Law-viz final orders re judicial referral of a court order to ...

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SC54-18 : CITY OF HARARE vs FARAI MUSHORIWA
Ruled By: PATEL JA, UCHENA JA and ZIYAMBI AJA

25 September 2017 and 20 September 2018 Water Law-viz disconnection of services.Procedural Law-viz final orders re relief overriding statutory provisions.Procedural Law-viz interim interdict re relief overriding statutory ...

SC54-17 : NDABEZINHLE MAZIBUKO vs THE BOARD OF GOVERNORS, CHRISTIAN BROTHERS COLLEGE and THE NATIONAL INCOMES AND PRICING COMMISSION and THE SECRETARY, MINISTRY OF EDUCATION
Ruled By: GARWE JA, GOWORA JA and HLATSHWAYO JA

25 July 2016 and 1 August 2017 Education Law-viz enrolment contract.Education Law-viz fee structure.Procedural Law-viz declaratory order.Procedural Law-viz declaratur.Education Law-viz debt collection.Procedural Law-viz locus standi.Procedural Law-viz appeal ...

SC54-14 : AUGUSTINE BANGA and KEVIN JAMES vs SOLOMON ZAWE and DEPUTY SHERIFF and OFFICER IN CHARGE, BORROWDALE POLICE STATION
Ruled By: MALABA DCJ, GWAUNZA JA, GOWORA JA, PATEL JA and HLATSHWAYO JA

6 November 2013 and 8 September 2014 Law of Property-viz mandament van spolie re lease agreement.Law of Property-viz spoliation order re agreement of lease.Procedural Law-viz rules of ...

SC54-13 : MIDKWE MINERALS (PRIVATE) LIMITED vs KWEKWE CONSOLIDATED GOLD MINES PL and CARSLONE ENTERPRISES PL and DEPUTY SHERIFF, KWEKWE
Ruled By: CHIDYAUSIKU CJ, ZIYAMBI JA and MUTEMA AJA

2 September 2013 Banking Law-viz quasi fiscal operations of the Central Bank.Procedural Law-viz rules of evidence re documentary evidence.Administrative Law-viz the presumption of ...

SC54-06 : VIGOUR FUYANA vs NTOMBAZA MOYO
Ruled By: CHIDYAUSIKU CJ

11 October and 30 November 2006 Procedural Law-viz condonation re late noting of an appeal iro Rule 31 of the Supreme Court Rules.Procedural Law-viz appeal re ...

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