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Civil Cases

HH56-14 : MABWE MINERALS ZIMBABWE PL vs CHIROSWA MINERALS PL and BASE MINERALS PL and ORBERT MPOFU (Minister of Mines) and THE ATTORNEY GENERAL N.O. and MRS E. KAHONDE N.O. (Mining Commissioner)
Ruled By: CHIGUMBA J

23 August 2013, 19 February 2014 Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz urgent chamber application.Procedural Law-viz urgent application re urgency.Procedural Law-viz ...

HH56-12 : ELIAS KASEKE and WAFAWANAKA KUCHERA and SIBUSISO NCUBE vs MASTER OF THE HIGH COURT and MAVIS CHIZENGENI (as Executrix Dative of Estate Late Jessie Zengeya)
Ruled By: MAWADZE J

31 January 2012 Procedural Law-viz chamber application re dismissal of a matter for want of prosecution.Procedural Law-viz final orders re the principle of ...

HH56-10 : BEKI SIBANDA vs ELISHA K MUSHAPAIDZE
Ruled By: MAKARAU JP

14 and 21 January and 24 March 2010 Procedural Law-viz provisional sentence.Procedural Law-viz rules of evidence re documentary evidence.Law of Contract-viz debt re acknowledgement of debt.Law of Contract-viz ...

HH559-14 : BASE MINERALS ZIMBABWE (PVT) LTD and PETER VALENTINE vs CHIROSWA MINERALS (PVT) LTD and CHIROSWA SYNDICATE and JOHN GROVES
Ruled By: MAFUSIRE J

8 and 13 October 2014 Legal Practitioners-viz professional ethics.Legal Practitioners-viz correspondence with the court.Procedural Law-viz form of proceedings re chamber applications iro Rule 241 of ...

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HH558-16 : TAWANDA MUKUNGURUTSE and PATRICK CHIKOHORA and CLEDWYN MUTETE vs CITY OF HARARE and MINISTER OF LOCAL GOVERNMENT RURAL AND URBAN DEVELOPMENT
Ruled By: TAGU J

18 July and 28 September 2016 Constitutional Law-viz constitutional rights re freedom from arbitrary eviction iro section 74 of the Constitution.Procedural Law-viz provisional order re interim ...

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HH557-17 : ZVIDZAI MARANGE vs BERNARD MARANGE and MINISTER OF RURAL DEVELOPMENT, PROMOTION and PRESERVATION OF NATIONAL CULTURE and HERITAGE and PRESIDENT OF ZIMBABWE
Ruled By: MANGOTA J

17 July 2017 and 28 August 2017 Traditional Leadership-viz chieftainship re substantive appointment.Procedural Law-viz review re actions taken under executive prerogative iro recommendations.Procedural Law-viz jurisdiction re statutory ...

HH552-15 : AMBASSADOR AGRIPA MUTAMBARA and ESTHER MUTAMBARA vs CONSTANTINE CHIMAKURE (EDITOR OF NEWSDAY NEWSPAPER) and ALPHA MEDIA HOLDNGS PL
Ruled By: MATANDA-MOYO J

29 April 2015 and 17 June 2015 Procedural Law-viz pleadings re unopposed proceedings.Procedural Law-viz rules of evidence re documentary evidence.Procedural Law-viz cause of action re notice of ...

HH551-15 : W AND D CONSULTANTS (PRIVATE) LIMITED vs SEAN THOMAS NIELSON DORAN
Ruled By: DUBE J

30 July 2014, 7 July 2014, 23 and 26 September 2014 and 17 June 2015 Procedural Law-viz form of proceedings re action proceedings iro consensual dispensing of trial hearing by the parties.Procedural Law-viz action proceedings ...

HH550-15 : CONSTABLE JANI 985403P vs THE OFFICER IN CHARGE ZRP MAMINA and THE OFFICER IN CHARGE CHIKURUBI DETENTION BARRACKS and THE COMMISSIONER GENERAL OF POLICE
Ruled By: CHIGUMBA J

26 May 2015, 17 June 2015 Procedural Law-viz urgent chamber application re stay of execution.Labour Law-viz contract of employment re public service iro police force.Procedural Law-viz ...

HH55-14 : PRINCE CHINEMBIRI and PARADZI MUPANDENYAMA and ALEXIO TEMBO and KUDAKWASHE PFUNDE and CLEMENCE SHAMU and ORCHARD KANJADO vs CHANCE NCUBE and DANIUS RUNGANO and ZETDC
Ruled By: MATANDA-MOYO J

20 January 2014 and 11 February 2014 Procedural Law-viz default judgment.Law of Delict-viz negligence re industrial accident.Procedural Law-viz rules of evidence re admissions iro admissions made during ...

Appealed
HH55-12 : STREAMSLEIGH INVESTMENTS (PRIVATE) LIMITED vs AUTOBAND INVESTMENTS (PRIVATE) LIMITED
Ruled By: BERE J

30 November 2011 and 6 February 2012 Procedural Law-viz urgent chamber application.Procedural Law-viz declaratory order.Procedural Law-viz declaratur.Procedural Law-viz forum shopping.Procedural Law-viz final orders re dismissal of a ...

HH55-10 : JEREMY STANDER vs NELTRA INVESTMENTS t/a DOUGLAS CAR SALES
Ruled By: BERE J

31 August, 2 September, 3 September, 8 September 2009 and 10 March 2010 Law of Contract-viz written agreement re warranties.Law of Contract-viz written agreement re representations.Law of Contract-viz written agreement re variation of ...

HH55-09 : EBI ZIMBABWE (PVT) LTD vs OLD MUTUAL UNIT TRUSTS (PVT) LTD and ADVOCATE J.C.J. LEWIS
Ruled By: PATEL J

19 March 2009 and 9 June 2009 Procedural Law-viz recusal re judicial bias iro Article 13 of the Model Law, First Schedule to the Arbitration Act [Chapter ...

HH549-15 : ELSIE BHILA vs THE MASTER OF HIGH COURT and FREDDY CHMBARI NO and RATIDZO BHILA and KELVIN BHILA and KWATINI BHILA
Ruled By: MWAYERA J

20 January 2015 and 28 May 2015 Estate Law-viz rights of beneficiaries re children born out of wedlock iro intestate succession.Estate Law-viz appointment of executor re neutral ...

HH546-15 : ANNIE MADZARA vs STANBIC BANK ZIMBABWE LTD and CLEVER MADZARA and THE SHERIFF OF ZIMBABWE and THE REGISTRAR OF DEEDS and THE ATTORNEY GENERAL OF ZIMBABWE
Ruled By: TSANGA J

25 March and 17 June 2015 Procedural Law-viz declaratory order re section 14 of the High Court Act [Chapter 7:06].Procedural Law-viz declaratur re section 14 of ...

HH542-15 : THE SHERIFF OF THE HIGH COURT vs RONGXIN MINING (PRIVATE) LIMITED and FREDDY MAKUVISE
Ruled By: MTSHIYA J

28 May 2015 and 17 June 2015 Procedural Law-viz judicial attachment re interpleader proceedings.Law of Property-viz proof of title re movable property.Procedural Law-viz rules of evidence re ...

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HH540-16 : ALASTAIR SMITH vs ABIGAIL SMITH
Ruled By: UCHENA J

23 February, 2 and 3 April 2013; 5 and 29 May 2014; 16 and 18 March 2015, 6, 22 and 29 May 2015, 9 June 2015; 28 January, 6 and 7 April 2016, and 22 September 2016 Family Law-viz decree of divorce.Family Law-viz division of the assets of the spouses re direct and indirect contributions.Family Law-viz maintenance ...

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HH54-18 : THE SHERIFF FOR ZIMBABWE vs ROBERT TINDWA and INSTITUTE OF MINING RESEARCH
Ruled By: CHITAKUNYE J

20 June 2017 and 7 February 2018 Procedural Law-viz citation re legal status of litigants iro the principle of legal persona.Procedural Law-viz locus standi re legal status ...

HH54-16 : AIR DUCT FABRICATORS (PVT) LTD vs A.M. MACHADO & SONS (PVT) LTD
Ruled By: CHIGUMBA J

12 November 2015 and 22 January 2016 Procedural Law-viz jurisdiction re lis pendens.Procedural Law-viz jurisdiction re pending litigation.Law of Contract-viz dispute resolution re arbitration provision.Procedural Law-viz special ...

HH54-13 : OX MINING (PRIVATE) LIMITED and GOLD RECOVERY GROUP (PRIVATE) LIMITED vs OX DRILLING LLC and SIDNEY STEYN and DIRK BENADE and THE COMMISSIONER-GENERAL
Ruled By: MAKONI J

11 February 2013 Procedural Law-viz urgent chamber application.Law of Property-viz spoliation order.Law of Property-viz mandament van spolie.Procedural Law-viz rules of evidence re documentary ...

HH54-10 : ANDREW BRUFORD vs ATTORNEY GENERAL and MAGISTRATE JARABINI
Ruled By: BHUNU J

12 March 2010 Procedural Law-viz urgent chamber application.Procedural Law-viz appeal re interlocutory judgments.Procedural Law-viz final orders re entitlement of litigating parties to written ...

HH54-09 : ROGERS DHLIWAYO vs SHAUN MANDAA KUDINGA AND TWO OTHERS
Ruled By: MAKONI J

1 and 8 April 2009 Law of Property-viz lease re eviction iro rent board certificate of ejectment.Procedural Law-viz application re application for condonation iro filing ...

HH535-15 : BLESSMORE CHANAKIRA vs SHEPHERD MALCOM N.O. and REGISTRAR OF DEEDS and PHIL RUSCH
Ruled By: NDEWERE J

10 February 2015 and 17 June 2015 Procedural Law-viz citation re party acting in an official capacity iro nominus officiae.Procedural Law-viz citation re party acting in an ...

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HH534-18 : RIOZIM (PVT) LTD vs TRUST BANK CORPORATION LTD (IN LIQUIDATION)
Ruled By: KWENDA J

23, 27 July 2018 and 3 August 2018 and 19 September 2018 Insolvency Law-viz proceedings against an insolvent entity re leave to sue a company in liquidation iro section 213 of the ...

HH53-10 : BERNARD SIMBANOUTA GATAWA vs W. NKATAZO
Ruled By: BHUNU J

11 May 2009 and 17 March 2010 Law of Property-viz lease agreement re verbal agreement.Law of Property-viz agreement of lease re verbal agreement.Law of Contract-viz verbal agreement.Law ...

HH53-09 : ZIMBABWE ALLIED GROUP LTD vs MILDRED AND MATHIAS (PVT) LTD
Ruled By: MAKONI J

25 March 2008 and 1 April 2008 Procedural Law-viz pleadings re withdrawal of pleadings.Procedural Law-viz rules of evidence re documentary evidence.Procedural Law-viz pleadings re abandoned pleadings.Procedural Law-viz ...

HH521-18 : DEPUTY SHERIFF MARONDERA vs ESTHER HOMBARUME and VIOLET MUNJARANJI and EPHISON NDAHWI and SHAKI MUSEVE and NOMUHLE BANGANI and COOPER SMIT and TIANZE TOBACCO PL and LAWRENCE KATSIRU
Ruled By: CHITAPI J

27 March 2018 and 12 September 2018 Procedural Law-viz judicial attachment re interpleader proceedings.Procedural Law-viz rules of evidence re documentary evidence.Law of Property-viz proof of title re ...

HH520-18 : AIR NAMIBIA (PROPRIETARY) LTD vs CHENJERAI MAWUMBA and JULIANA MAGOMBEDZE and FADZAI MAWUMBA and RUTENDO MUWUMBA and TADIWANASHE MAWUMBA (minors represented by father & natural guardian)
Ruled By: CHITAPI J

20 July 2018 and 12 September 2018 Procedural Law-viz cause of action re proceedings involving minors.Procedural Law-viz urgent chamber application re interim interdict pendente lite.Procedural Law-viz final ...

HH52-15 : CHITUNGWIZA RESIDENTS TRUST vs CHITUNGWIZA MUNICIPALITY
Ruled By: MWAYERA J

2 October 2014 and 21 January 2015 Procedural Law-viz urgent chamber application.Procedural Law-viz rules of evidence re documentary evidence.Procedural Law-viz rules of evidence re evidence derived from ...

HH52-14 : CREDIT INSURANCE OF ZIMBABWE vs TEXTBOOK SALES
Ruled By: TAKUVA J

24 July 2013 and 19 February 2014 Procedural Law-viz summary judgment re debt.Law of Contract-viz cession re cession of rights iro dividend.Law of Contract-viz cession re cession ...

HH52-13 : SOUTHMARK TRADING (PRIVATE) LIMITED and OTHERS vs KAROI PROPERTIES (PRIVATE) LIMITED and GEDION HWEMENDE and NATIONAL INDIGENISATION AND ECONOMIC EMPOWERMENT BOARD and OTHERS
Ruled By: ZHOU J

20 and 24 September, 31 October 2012 and 15 February 2013 Procedural Law-viz urgent chamber application.Procedural Law-viz citation re multiple litigants.Procedural Law-viz rules of evidence re documentary evidence.Law of Property-viz ...

HH52-11 : AMAPLAT MAURITIUS LTD and AMARI NICKEL HOLDINGS ZIMBABWE LTD vs ZIMBABWE MINING DEVELOPMENT CORPORATION and THE CHIEF MINING COMMISSIONER and OTHERS
Ruled By: MUTEMA J

14 February, 2011 Procedural Law-viz urgent chamber application.Procedural Law-viz postponement of a matter.Procedural Law-viz recusal.Law of Property-viz res litigiosa re judicial caveat.Procedural Law-viz ...

HH52-10 : ROUTETOUTE BV and PENINSULA PLANTATION and MATANUSKA and BRIGHTSIDE FARM (PRIVATE) LIMITED vs MINISTER OF LANDS and MINISTER OF FOREIGN AFFAIRS and AMBASSADOR E. CHIMONYO
Ruled By: OMERJEE J

10 March and 24 March 2010 Procedural Law-viz declaratory order.Procedural Law-viz urgent chamber application re declaratur.Procedural Law-viz leave to execute a provisional order for want of ...

HH52-09 : NEIL BRUCE vs ECONET WIRELESS (PVT) LTD and CITY OF HARARE
Ruled By: OMERJEE J

18 March 2009 and 6 May 2009 Procedural Law-viz declaratory order.Procedural Law-viz declaratur.Procedural Law-viz rules of evidence re documentary evidence.Procedural Law-viz urgent chamber application re urgency iro ...

HH517-18 : MEIKLES LIMITED vs WIDEFREE INVESTMENTS PL t/a CORE SOLUTIONS and SHERIFF OF ZIMBABWE and STANBIC BANK LIMITED and REGISTRAR OF COMPANIES
Ruled By: ZHOU J

4 and 12 September 2018 Procedural Law-viz urgent chamber application.Procedural Law-viz judicial attachment re attachment of a Bank account.Procedural Law-viz judicial attachment re attachment of ...

HH517-15 : CHEN WANG vs JOSEPH MANDIZHA and TAWANDA MAVHUNGA and TAFADZWA MAVHUNGA and DARNEL ENTERPRISES (PRIVATE) LIMITED
Ruled By: MUREMBA J

28 May 2015 and 10 June 2015 Procedural Law-viz default judgment re rescission of default judgment iro Rule 449 of the High Court Rules.Procedural Law-viz final orders ...

HH516-14 : CHEN WANG vs JOSEPH MANDIZHA and TAWANDA MAVHUNGA and TAFADZWA MAVHUNGA and DARNEL ENTERPRISES (PRIVATE) LIMITED
Ruled By: MATHONSI J

23 September 2014 and 1 October 2014 Procedural Law-viz costs re interlocutory proceedings.Procedural Law-viz costs re interim proceedings.Procedural Law-viz citation re joinder iro joinder of necessity.Procedural Law-viz ...

Appealed
HH510-20 : FRANCIS BERE vs JUDICIAL SERVICE COMMISSION and SIMBI MUBAKO and REKAYI MAPHOSA and TAKAWIRA NZOMBE and VIRGINIA MABHIZA and PRESIDENT OF ZIMBABWE and MINISTER OF JUSTICE, LEGAL & PARLIAMENTARY AFFAIRS and ATTORNEY GENERAL OF ZIMBABWE
Ruled By: CHIKOWERO J

28 July 2020 and 4 August 2020 Procedural Law-viz review re actions taken under constitutional prerogative.Procedural Law-viz review proceedings.Administrative Law-viz the exercise of administrative discretion.Constitutional Law-viz constitutional ...

HH51-15 : JUSTIN MUPAMHANGA vs SAUL GOMWE and JUSTICE DHLIWAYO and BLESSING DOMBOJENA and MINISTER OF LAND AND RURAL RESETTLEMENT (N.O)
Ruled By: MAKONI J

21 January 2015 Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz cause of action re framing of draft orders.Procedural Law-viz ...

HH51-13 : CHIRINDA vs KONRAD VAN DER MERWE and MINISTER OF LANDS & RURAL RESETTLEMENT
Ruled By: CHIWESHE JP

24 May 2012 and 19 February 2013 Land Acquisition-viz eviction re lawful authority to occupy gazetted land.Land Acquisition-viz offer letters re eviction iro lawful authority to occupy ...

HH51-12 : TENDAYI MUNDAWARARA vs EMELDA MUNDAWARARA
Ruled By: MAWADZE J

18 July 2011 and 26 January 2012 Family Law-viz maintenance re majority status children.Family Law-viz decree of divorce re irretrievable breakdown of the marriage relationship.Family Law-viz custody ...

HH51-11 : MARYLOU PALALPAC MORTEN (NEE DACANAY) vs MARLENE DENISE KEMI MORTEN and TONY YOUNG and DANDARO HOME OWNERS ASSOCIATION
Ruled By: MAWADZE J

27 January, 1 February, 4 February and 15 February 2011 Procedural Law-viz urgent chamber application.Procedural Law-viz urgent application re material non-disclosures.Procedural Law-viz citation re party acting in an official capacity.Agency ...

HH51-10 : DHL INTERNATIONAL (PVT) LTD vs CLIVE MADZIKANDA
Ruled By: MAKARAU JP

14 January and 17 March 2010 Labour Law-viz termination of employment contract.Labour Law-viz employment contract re termination.Labour Law-viz employment contract re termination iro retention of ...

HH509-14 : INNSCOR AFRICA LTD vs COMPETITION AND TARIFF COMMISSION and THE SHERIFF OF THE HIGH COURT OF ZIMBABWE
Ruled By: UCHENA J

17 September 2014 and 24 September 2014 Procedural Law-viz urgent chamber application re stay of execution.Procedural Law-viz lis alibi pendens.Procedural Law-viz pending litigation.Legal Practitioners-viz correspondence with the ...

HH504-16 : GODFREY CHIPARAUSHE and 60 OTHERS vs TRIANGLE LIMITED and TRIANGLE SENIOR STAFF PENSION FUND and MR S MTSAMBIWA
Ruled By: MATANDA-MOYO J

10 May 2016 and 31 August 2016 Procedural Law-viz contempt of court.Procedural Law-viz pleadings re non-pleaded issues iro matters raised for the first time in heads of ...

HH503-15 : JOHN CONRAD TRUST vs THE FEDERATION OF KUSHANDA PRE-SCHOOLS TRUST and MUNICIPALITY OF MARONDERA and UNITED METHODIST CHURCH MARONDERA and REGISTRAR OF DEEDS
Ruled By: MATHONSI J

2 June, 15 and 10 June 2015 Procedural Law-viz special plea re prescription.Procedural Law-viz declaratory order.Procedural Law-viz declaratur.Law of Property-viz proof of title re immovable property iro ...

HH501-15 : MONTCLAIR HOTEL AND CASINO vs FARAI MUKUHWA
Ruled By: MATHONSI J

3 June 2015 and 10 June 2015 Labour Law-viz contract of employment re termination iro vested rights of ex employees.Labour Law-viz termination of employment re vested rights ...

HH50-15 : CLEOPAS MUGOMBA vs VICEMAST (PVT) LTD and ZIDCO (PVT) LTD
Ruled By: NDEWERE J

18 December 2014 and 21 January 2015 Procedural Law-viz urgent chamber application.Procedural Law-viz rules of evidence re evidence derived from previous litigation.Procedural Law-viz urgent application re urgency ...

HH50-13 : MADOCK CHIVASA vs AARON NYAMAYARO and LAWRENCE MOYO and ZIMBABWE NEWSPAPERS (1980) LTD
Ruled By: KUDYA J

28 January and 14 February 2013 Delict Law-viz defamation.Damages-viz delictual damages re defamation damages.Procedural Law-viz rules of evidence re documentary evidence.Procedural Law-viz rules of evidence re ...

HH50-12 : CHEMATRON PRODUCTS ZIMBABWE (PVT) LTD vs TENDA TRANSPORT (PVT) LTD and REGISTRAR OF DEEDS
Ruled By: BERE J

16 and 18 February 2009; 20 February 2009 and 6 February 2012 Law of Contract-viz variation of contracts.Law of Contract-viz alteration of agreements.Law of Contract-viz specific performance re specific performance ex contractu.Damages-viz ...

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