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Civil Cases

HH48-14 : WINSLEY MILITALA N.O. and QV PHARMACIES PRIVATE LIMITED (Under Provisional Judicial Management) vs MUTUAL FINANCE PRIVATE LIMITED and MESSENGER OF COURT and SHINGIRAI USHEWOKUNZE
Ruled By: CHIGUMBA J

29 January 2014 and 3 February 2014 Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz urgent chamber application re spoliation order iro urgency.Procedural Law-viz ...

HH48-13 : MELINA MATSHIYA (In her capacity as Executrix testamentary for Estate late ETTORE FUMIA) vs GEORGE FUMIA and ELLEN FUMIA and FALCON HAULIERS (PRIVATE) LIMITED
Ruled By: MAWADZE J

19 October 2012 and 21 February 2013 Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz default judgment re rescission of judgment.Procedural Law-viz citation re ...

HH48-12 : ENOCK GOVHA vs ASHANTI GOLDFIELDS ZIMBABWE LIMITED t/a FREDA REBECCA MINE and ANOR
Ruled By: MATHONSI J

1 and 15 February 2012 Procedural Law-viz default judgment re rescission of default judgment iro Rule 63 of the High Court Rules, 1971.Procedural Law-viz service ...

HH48-11 : LEON GEOFFRY HEATHCOTE vs MP MATONGO and MINISTER OF LANDS AND RURAL RESETTLEMENT
Ruled By: BHUNU J

11th February 2011 and 17th February 2011 Procedural Law-viz urgent chamber application.Land Acquisition-viz offer letters re lawful authority to occupy gazetted land.Law of Property-viz spoliation order.Law of ...

HH479-15 : STEELMAKERS ZIMBABWE (PVT) LTD vs MICHAEL MANDIVEYI
Ruled By: MATHONSI J

20 April and 27 May 2015 Labour Law-viz employment contract re termination iro vested rights of ex employees.Labour Law-viz termination of contract of employment re vested ...

HH478-15 : MUKUVISI TASHINGA HOUSING CO-OPERATIVE vs DANNY MUSUKUMA and LAST MBIZVO and CHARLIE DENGA and MSASA PARK (PRIVATE) LIMITED and ZANU P.F
Ruled By: MATHONSI J

21 May 2015 Procedural Law-viz urgent application.Procedural Law-viz cause of action re the doctrine against benefiting from one's own wrongs.Law of Property-viz passing ...

HH477-16 : RICHARD SEAGER vs ALESTER ZIYANGA
Ruled By: DUBE J

20 and 27 July 2016 and 22 August 2016 Procedural Law-viz urgent application re anti-dissipation order.Company Law-viz partnership re joint venture iro alienation of assets.Company Law-viz partnership re joint ...

HH477-14 : KUKURA KURERWA BUS COMPANY vs SIMBA MUKWENA and TRUST SINANI and RAYMOND CHIGWAZE and MESSENGER OF COURT, MUTARE
Ruled By: MATHONSI J

9 September 2014 Procedural Law-viz urgent chamber application re stay of execution.Labour Law-viz labour arbitration re registration of an arbitral award iro section ...

HH477-13 : BARCLAYS BANK OF ZIMBABWE LIMITED vs RESERVE BANK OF ZIMBABWE and UNIVERSITY OF ZIMBABWE
Ruled By: ZHOU J

29 October 2013 Procedural Law-viz citation re joinder iro application for joinder to proceedings.Procedural Law-viz citation re joinder iro third party notices.Procedural Law-viz ...

HH475-18 : ETHEL TSITSI MPEZENI vs ZIMBABWE ELECTORAL COMMISSION and OTHERS
Ruled By: ZHOU J

19 July 2018 and 20 July 2018 Procedural Law-viz urgent chamber application re interim interdict pendente lite.Electoral Law-viz voters roll re section 9(e) of the Electoral (Voters ...

HH475-15 : BADELA J NDLOVU vs SPIWE POSI
Ruled By: MWAYERA J

20 January 2015 and 27 May 2015 Law of Property-viz vindicatory action re eviction proceedings.Law of Property-viz rei vindicatio re eviction proceedings.Procedural Law-viz rules of evidence re ...

HH470-14 : GUTA RAMWARI vs CHARLES WADUKA and TAPIWA ZINGWE and MARSHALL DHLIWAYO
Ruled By: MATHONSI J

3 September and 10 September 2014 Canon Law-viz canonical disputes re factionalism.Law of Property-viz proof of title re immovable property iro registered rights.Procedural Law-viz rules of ...

HH47-15 : ZFC LIMITED vs KM FINANCIAL SOLUTIONS (PRIVATE) LIMITED( for a provisional order for its winding up and appointment of a provisional liquidator) and MASTER OF THE HIGH COURT
Ruled By: ZHOU J

15 and 20 January 2015 Insolvency Law-viz liquidation re provisional winding up order iro section 206 of the Companies Act [Chapter 24:03].Procedural Law-viz consolidation of ...

HH47-13 : ELLEN CHARI (nee CHAKAUNYANA) (In her capacity as Executrix Dative in estate of the Late YOBE CHARI) vs TAKUDZWA MUNOPFUKUTWA and THE MASTER OF THE HIGH COURT
Ruled By: MAWADZE J

2 November 2012 and 21 February 2013 Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz rules of evidence re documentary evidence.Estate Law-viz appointment of ...

HH47-10 : MUNYARADZI CHIKUMBU vs VIOLET NHAMO
Ruled By: BERE J

15,16,17 and 25 February 2010 Procedural Law-viz rules of evidence re affidavits.Procedural Law-viz rules of evidence re admissions.Procedural Law-viz rules of evidence re documentary evidence ...

HH47-08 : TSITSI MUZENDA vs PATRICK KOMBAYI and ZIMBABWE ELECTORAL COMMISSION
Ruled By: KUDYA J

6 and 10 June 2008 Electoral Law-viz electoral petition re section 167 of the Electoral Act [Chapter 2:13].Procedural Law-viz pleadings re non-pleaded issues iro matters ...

HH468-18 : KETHIWE VAN DER SANDEN vs ROBERTUS ANTOINE W. VAN DER SANDEN and ROY MASAMBA and REGISTRAR OF DEEDS N.O.
Ruled By: CHIRAWU-MUGOMBA J

1,2,3 and 6 and 8 August 2018 Procedural Law-viz citation re party acting in an official capacity.Law of Property-viz res litigiosa re the anti-dissipation interdict.Law of Property-viz ...

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HH467-16 : ALBAN GERALD BOWERS vs SHARIFFA PRESIOUS BOWERS
Ruled By: CHITAKUNYE J

18 August 2016 Procedural Law-viz pleadings re amendment of pleadings iro amendment of declaration.Procedural Law-viz pleadings re amendment to pleadings iro Rule 132 ...

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HH466-18 : NMB BANK LTD vs THE TRUSTEES FOR THE TIME BEING OF CORNERSTONE TRUST and JULIUS MAKONI and THE TRUSTEES FOR THE TIME BEING OF RYVONNE TRUST
Ruled By: ZHOU J

13 March 2017: 16 October 2017: 8 November 2017: 6, 7, 8, 11 and 12 December 2017 and 8 August 2018 Law of Contract-viz debt re joint and several liability.Law of Contract-viz debt re contractual.Banking Law-viz credit facilities re loans.Law of ...

HH465-15 : ELIAS GAMBAKWE and SANANGURAI MUCHAKABARWA and OTHERS vs HEBERT CHIMENE and BIKITA DISTRICT ADMINISTRATOR and MASVINGO PROVINCIAL ADMINISTRATOR and MINISTER OF LOCAL GOVERNMENT N.O.
Ruled By: UCHENA J

13 and 20 May 2015 Procedural Law-viz urgent application.Traditional Leadership-viz chieftainship re appointment of chief iro nomination process.Traditional Leadership-viz chieftainship re section 283 of the ...

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HH463-15 : APOSTOLIC FAITH MISSION OF PORTLAND OREGON (SOUTHERN AFRICAN HQ) vs REV. RICHARD SIBANDA and JONAH MUNONDO and REV. L.D MATEZA and JULIUS T MATOPE
Ruled By: DUBE J

9 March, 19 April 2015 and 20 May 2015 Canon Law-viz canonical disputes re schism.Procedural Law-viz rules of evidence re documentary evidence.Canon Law-viz canonical disputes re resignation from membership.Procedural ...

HH461-15 : PATTERSON TIMBA vs REGGIE SARUCHERA N.O. and RESERVES BANK OF ZIMBABWE and NATIONAL SOCIAL SECURITY AUTHORITY and RENNAISSANCE FINANCIAL HOLDINGS LTD and RENAISSANCE MERCHANT BANK LTD
Ruled By: MAKONI J

27 March 2013 and 20 May 2015 Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz pleadings re withdrawal of pleadings.Procedural Law-viz costs re wasted ...

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HH46-13 : S. MAKONYERE vs ALFRED MUCHINI and THE SHERIFF and THE MASTER OF THE HIGH COURT
Ruled By: GUVAVA J

14 February 2013 Procedural Law-viz jurisdiction re judicial deference.Law of Property-viz proof of title re immovable property.Estate Law-viz alienation of estate property ...

Appealed
HH46-09 : MATTHEW MBUNDIRE vs TYRONE SIM BUTTRESS
Ruled By: CHATUKUTA J

7-10 and 15 October 2008 and 16 April 2009 Procedural Law-viz procedural judicial directives.Procedural Law-viz directions of the court.Procedural Law-viz pleadings re heads of argument.Legal Practitioners-viz professional ethics.Procedural Law-viz ...

HH46-08 : PATRICK CHABVAMUPERU and OHERS vs EDMOND JACOB and OTHERS
Ruled By: MAKARAU JP

5 and 10 June 2008 Procedural Law-viz consolidation of matters.Procedural Law-viz joinder of actions.Procedural Law-viz citation re electoral proceedings.Electoral Law-viz nullification of an election.Procedural Law-viz ...

HH458-19 : KNOWE RESIDENTS AND RATEPAYERS ASSOCIATION vs EDDIES PFUGARI (PVT) LTD and EDWARD NYANYIWA and NORTON TOWN COUNCIL and REGISTRAR OF THE HIGH COURT
Ruled By: FOROMA J

10 and 11 July 2017 and 3 July 2019 Procedural Law-viz contempt of court.Procedural Law-viz rules of evidence re onus iro burden of proof.Procedural Law-viz rules of evidence re ...

HH458-15 : THE EVANGELICAL CHURCH OF ZIMBABWE vs REVEREND DOCTOR ISAAC SODA
Ruled By: MATHONSI J

13 May 2015 and 20 May 2015 Procedural Law-viz urgent application.Canon Law-viz ecclesiastical disputes re factionalism.Procedural Law-viz affidavits re founding affidavit iro deponent.Procedural Law-viz urgent chamber application ...

Appealed
HH457-14 : PHILIPPA ANN COUMBIS vs RONALD JOHN COUMBIS
Ruled By: MAWADZE J

2 April, and 17, 18, 19, 20 and 25 July 2012, 3 December 2012, 22, 23, 28, 29, 30 and 31 January 2013, 1 February 2013, 22, 23, 24, 25 and 26 July 2013, and 4 September 2014 Legal practitioners-viz professional ethics.Family Law-viz decree of divorce re irretrievable breakdown of the marriage relationship.Family Law-viz custody re perpetual minors.Family ...

HH454-18 : YAKUB MAHOMED vs JOHN BREDENKAMP
Ruled By: CHIKOWERO J

23 July 2018 and 8 August 2018 Procedural Law-viz summary judgment re debt recovery.Law of Contract-viz debt re contractual debt.Law of Contract-viz Deed of Settlement re compromise ...

HH45-13 : OLIVER MUSHUMA vs SWEEN MUSHONGA
Ruled By: HLATSHWAYO J and MAWADZE J

28 September and 4 October 2012 and 14 February 2013 Procedural Law-viz civil appeal.Procedural Law-viz default judgment re rescission of judgment.Law of Contract-viz debt re contractual debt.Law of Contract-viz debt ...

HH45-11 : JACKSON MUGUTI vs WILSON SUNDUZA
Ruled By: MUSAKWA J

7 and 8 FEBRUARY 2011 Procedural Law-viz absolution from the instance.Damages-viz assessment and evidence of damages re proof of claim.Delict Law-viz economic loss re road ...

HH45-10 : CHRISTMAS MUSONI vs NABOTH JOKONOKO and SHURUGWI TOWN COUNCIL
Ruled By: CHITAKUNYE J

7, 8 July, 20, 22 July 2009 and 17 March 2010 Law of Property-viz passing of ownership re implied lawful right of ownership.Law of Property-viz proof of title re immovable property ...

HH45-08 : HILLARY SIMBARASHE vs ZIMBABWE ELECTORAL COMMISSION and MABEL CHINOMONA
Ruled By: KUDYA J

5, 6 and 9 JUNE 2008 Electoral Law-viz electoral petition re prescription iro Electoral Court proceedings.Procedural Law-viz prescription re electoral proceedings.Procedural Law-viz jurisdiction re security for ...

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HH446-18 : EMMACULATA MHORA vs GOVATI MHORA
Ruled By: CHIRAWU-MUGOMBA J

24, 25 and 26 July 2018 Family Law-viz decree of divorce re irretrievable breakdown of the marriage relationship.Family Law-viz maintenance re post-divorce maintenance.Family Law-viz maintenance re ...

HH446-15 : TELECEL ZIMBABWE vs POSTAL AND TELECOMMUNICATIONS REGULATORY AUTHORITY and MINISTER OF INFORMATION TECHNOLOGY N.O. and CHIEF SECRETARY, OFFICE OF PRESIDENT and EMPOWERMENT CORPORATION
Ruled By: MATHONSI J

7 May 2015 and 13 May 2015 Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz urgent chamber application.Postal and Telecommunications Law-viz licencing.Administrative Law-viz the ...

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HH444-18 : TAPIWA NALOMWE vs NICHOLAS VAN HOOGSTRATEN
Ruled By: ZHOU J

9, 10 and 18 July 2018 Law of Contract-viz debt re contractual debt iro refund.Damages-viz contractual damages.Law of Contract-viz verbal contract.Law of Contract-viz oral agreement.Agency Law-viz ...

HH443-15 : MHANGURA COPPER MINES LIMITED vs TAYENGWA MUSKWE
Ruled By: HUNGWE J

18, 29 July 2008 and 13 May 2015 Procedural Law-viz disputes of fact re application proceedings iro referral of matter to trial.Procedural Law-viz dispute of facts re motion ...

HH443-13 : JONAS MUSHOSHO vs LLOYD MUDIMU and THE DEPUTY SHERIFF
Ruled By: CHIGUMBA J

4 and 27 November 2013 Procedural Law-viz final orders re rescission of judgement iro Rule 449 of the High Court Rules.Law of Property-viz proof of ...

HH442-15 : DAVID WHITEHEAD TEXTILES LTD (represented by KNOWLEDGE HOFISI, in his capacity as Final Judicial Manager) vs JYOTSANAGEN KALA and LISTON CHAKUPA and MASTER OF THE HIGH COURT
Ruled By: MAFUSIRE J

7 and 11 May 2015 Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz citation re joinder iro Rule 87 of the High ...

HH440-19 : INTRATREK ZIMBABWE (PVT) LTD vs ZIMBABWE POWER COMPANY (PVT) LTD
Ruled By: CHITAPI J

17 and 28 May 2019 and 17 June 2019 Procedural Law-viz appeal re leave to execute pending appeal iro the rule that the noting of an appeal automatically suspends ...

HH44-15 : NYARAI NYAMBUYA (NEE BAKASA) vs HURBERT FUNGAI NYAMBUYA
Ruled By: CHITAKUNYE J

29 January 2015 Family Law-viz decree of divorce re irretrievable breakdown of the marriage relationship iro section 5(1) of the Matrimonial Cuases Act ...

HH44-14 : ADORE GOLD (PVT) LIMITED vs MINISTRY OF LANDS AND RURAL RESETTLEMENT N.O. and MR CHIRENJE and NORTON TOWN COUNCIL
Ruled By: NDEWERE J

7 November 2013 and 5 February 2014 Procedural Law-viz citation re party acting in an official capacity.Law of Property-viz proof of title re immovable property iro registered ...

HH44-13 : DULLY HUNI vs GEORGE PEDZISAI FICHANI
Ruled By: MATHONSI J

7 February 2013 Procedural Law-viz urgent chamber application.Mining-viz ownership of mines re mining claims.Law of Contract-viz termination of an agreement.Law of Contract-viz cancellation ...

HH44-11 : CHRISETTA CHIDZIVA (NEE CHINGOSHO) vs JULIET MUSARIRI and INNOCENT MUSARIRI and THE MUNICIPALITY OF MARONDERA
Ruled By: CHITAKUNYE J

13, 2010 and February 17, 2011 Procedural Law-viz rules of evidence re undisputed evidence.Law of Contract-viz specific performance re specific performance ex contractu.Procedural Law-viz jurisdiction re ...

HH44-10 : JOHN STRONG (PVT) LTD and TOBS STRONG (PVT) LTD vs WILLIAM WACHENUKA
Ruled By: CHATUKUTA J

24 February and 3 March 2010 Procedural Law-viz contempt of court.Law of Property-viz land acquisition re lawful authority to occupy gazetted land iro offer letter.Law of ...

HH44-09 : BLESSMOE CHANAKIRA and AUXILIA DANAYI MYNYEZA vs MAI KAI REAL ESTATE DEVELOPMENT TRUST and BERNARD MUTANGA
Ruled By: BERE J

16 March and 20 March 2009 Procedural Law-viz pleadings re admissions iro Stated Case proceedings Procedural Law-viz pleadings re Stated Case proceedings iro Order 29 of ...

HH44-08 : ADDINGTON KADHANI vs SENIOR STAFF OFFICER AND POLICE SERVICE COMMISSION AND ANOTHER
Ruled By: CHITAKUNYE J

21 May 2008 Labour Law-viz code of conduct re disciplinary discharge appeal procedure iro discharge from police force.Labour Law-viz employment contract re termination ...

HH430-12 : ZIMSEC EMPLOYEES vs ZIMSEC
Ruled By: KUDYA J

8 November 2012 Labour Law-viz collective bargaining agreement.Labour Law-viz arbitration re registration of arbitral award iro section 92 of the Labour Act [Chapter ...

HH43-13 : FORM SCAFF (PRIVATE) LIMITED vs CHARLES LINZI
Ruled By: KUDYA J

30 January and 1 February 2013 Procedural Law-viz rules of evidence re evidence on behalf of a corporate body.Procedural Law-viz rules of evidence re documentary evidence.Procedural ...

HH43-12 : SHELTER MAVATA vs JAMES CHIBANDE
Ruled By: OMERJEE J and HLATSHWAYO J

8 February 2012 Procedural Law-viz civil appeal.Family Law-viz division of the assets of the spouses re direct and indirect contributions iro unregistered customary ...

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