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Civil Cases

HH285-14 : M vs M
Ruled By: CHITAKUNYE J

21 November 2013 and 19 June 2014 Procedural Law-viz automatic bar re failure to file heads of argument timeously iro Rule 238(2b).Procedural Law-viz filing of heads of ...

HH283-17 : IGNATIUS MASAMBA vs THE SECRETARY – JUDICIAL SERVICE COMMISSION and MERCY GORONGOZA
Ruled By: CHITAPI J

10 May 2017 Procedural Law-viz chamber application.Procedural Law-viz final orders re variation of final order iro Rule 449 of the High Court Rules.Procedural ...

HH283-10 : TAWANDA CHIPATO vs MARKO MUSA MASEKO and RICHARD MASEKO and BERN-WIN DEVELOPMENT COMPANY (PRIVATE) LIMITED
Ruled By: MAKONI J

18 March 2010 and 15 December 2010 Agency Law-viz locus standi re authority to assist a litigant iro power of attorney.Procedural Law-viz provisional order re confirmation of ...

HH282-10 : NDINATSEI CATHRINE MABIKA vs TAPFUMANEYI RUZVIDZO and CHITUNGWIZA MUNICIPALITY and THE DEPUTY SHERIFF and MASTER OF THE HIGH COURT
Ruled By: CHATUKUTA J

2 September 2010 and 12 January 2011 Procedural Law-viz withdrawal of a matter.Procedural Law-viz withdrawal of a matter re tender of costs.Procedural Law-viz costs re costs de ...

HH281-16 : JOHANNES TOMANA vs JUDICIAL SERVICE COMMISSION and THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS
Ruled By: MAKONI J

2, 8 March; 5, 14 and 26 April 2016 and 11 May 2016 Procedural Law-viz urgent chamber application re stay of execution.Procedural Law-viz urgent application re interim interdict pendente lite.Procedural Law-viz declaratory order.Procedural ...

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HH281-10 : MINING INDUSTRY PENSION FUND vs DAB MARKETING (PRIVATE) LIMITED
Ruled By: KUDYA J

8 and 9 November and 29 December 2010 Law of Property-viz lease agreement re termination.Law of Property-viz agreement of lease re cancellation.Damages-viz holding over damages.Procedural Law-viz pleadings re ...

HH280-14 : JAMERA PATSWAWAIRI TILTON vs GOODLUCKY SIMOKO and RM INSURANCE
Ruled By: MTSHIYA J

24-26 February 2014, 20 March 2014 and 11 June 2014 Procedural Law-viz pleadings re withdrawal of pleadings.Law of Delict-viz negligence re road traffic accident.Procedural Law-viz rules of evidence re documentary ...

HH280-10 : CORE MINING AND MINERALS RESOURCES (PVT) LTD vs THE ZIMBABWE MINING DEVELOPMENT CORPORATION and MARANGE RESOURCES (PVT) LTD and OTHERS
Ruled By: MAVANGIRA J

3 and 5 January 2011 Procedural Law-viz urgent chamber application.Legal Pracioners-viz right of audience before the courtLegal Practioners-viz right of audience beore the court re ...

HH28-16 : FARPIN INVESTMENTS [PVT] LTD vs NETONE CELLULAR [PVT] LTD and JUSTICE L.G. SMITH [RETD] - ARBITRATOR
Ruled By: MAFUSIRE J

17 November 2015 and 13 January 2016 Law of Contract-viz commercial arbitration re arbitral award iro setting aside of an arbitration award.Procedural Law-viz final orders re setting ...

HH28-15 : LINDIWE CHIFAMBA vs ELIJAH CHIFAMBA
Ruled By: TSANGA J and CHITAKUNYE J

28 October 2014 and 15 January 2015 Procedural Law-viz appeal.Family Law-viz maintenance re income and expenditure iro judicial inquiry into responsible person's ability to pay.Procedural Law-viz final ...

HH28-11 : BRIGHTON MURISA vs CATHERINE MURISA
Ruled By: GUVAVA J

10, 19 January and 3 February 2011 Family Law-viz decree of divorce re civil marriage.Family Law-viz decree of divorce re irretrievable breakdown of the marriage.Family Law-viz custody ...

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HH28-10 : JONATHAN MOYO and MOSES NDLOVU and PATRICK DUBE and SIYABONGA NCUBE vs AUSTIN ZVOMA N.O. CLERK OF PARLIAMENT OF ZIMBABWE and LOVEMORE MOYO
Ruled By: PATEL J

9 July 2009 and 9 March 2010 Procedural Law-viz citation re party acting in an official capacity iro nominus officiae.Constitutional Law-viz Parliamentary proceedings re election of Speaker ...

HH28-09 : ANTHONY BERENS vs MICHELLE BERENS
Ruled By: CHITAKUNYE J

6 January 2009 Family Law-viz custody re minors iro removal from domestic jurisdiction.Procedural Law-viz rules of evidence re documentary evidence.Family Law-viz custody re ...

HH28-08 : QUICK TRAVEL CARRIERS P/L vs BRANCO'S PANEL BEATERS P/L
Ruled By: CHATUKUTA J

20 March, 2007 and 27 February,2008 Law of Contract-viz general re holding over damages.Law of Contract-viz termination re cancellation of contract iro waiver.Law of Property-viz lease ...

HH28-03 : CHRIS ROBERTS vs AIR ZIMBABWE CORPORATION
Ruled By: HUNGWE J

15 November 2002 and 26 February 2003 Procedural Law-viz Stated Case proceedings re the statement of agreed facts.Procedural Law-viz amicable action proceedings re statement of agreed facts.Procedural ...

HH279-18 : CECILIA KASHUMBA vs AAROLA IDEHEN and AMOSORGE IDEHEN and OSARETIN IDEHEN and SHORAI NZARA and THE SHERIFF OF ZIMBABWE
Ruled By: MUSAKWA J

17 and 24 May 2018 Procedural Law-viz urgent chamber application re stay of execution.Procedural Law-viz judicial eviction re stay of execution.Procedural Law-viz interim interdict pendente ...

HH279-14 : CLEMENT KWANGWARI vs JULIUS CHEKURE and AVANTI LOGISTICS (PVT) LTD
Ruled By: MTSHIYA J

19 March 2014, 20 March 2014, 27 March 2014 and 11 June 2014 Procedural Law-viz absolution from the instance.Law of Delict-viz malicious arrest.Law of Delict-viz malicious detention.Damages-viz delictual damages re wrongful arrest.Damages-viz delictual ...

HH278-17 : DAVID LUWO and ROSE LUWO vs DOWOOD SERVICES (PVT) LTD and RAILING ENTERPRISES (PVT) LTD
Ruled By: MOYO J

10 February 2017 and 28 September 2017 Procedural Law-viz final orders re the right of a litigating party to written reasons for judgment.Procedural Law-viz rules of court ...

HH278-15 : AUGAR INVESTMENTS OU vs MINISTER OF WATER AND CLIMATE and ENVIROMENTAL MANAGEMENT AUTHORITY
Ruled By: CHIGUMBA J

4 March 2015 and 25 March 2015 Procedural Law-viz declaratory order re consequential relief.Procedural Law-viz declaratur re consequential relief.Environmental Law-viz wetlands re section 113 of the Environmental ...

HH278-10 : RADIATOR AND TINNING (PVT) LTD vs RADIATOR AND TINNING (PVT) LTD WORKERS COMMITTEE and WALTER DUBE and LITOS CHIKWANDA and OTHERS
Ruled By: MTSHIYA J

25 October 2010 and 19 January 2011 Insolvency Law-viz liquidation.Insolvency Law-viz liquidation re provisional liquidation order.Insolvency Law-viz liquidation re appoinment of a provisional liquidator iro section 274(1) ...

HH277-14 : THE PINNACLE PROPERTY HOLDINGS (PVT) LTD vs MUNICIPALITY OF REDCLIFF
Ruled By: DUBE J

5 June 2014 Procedural Law-viz rescission of judgment re rescission of default judgment.Procedural Law-viz rescission of judgment re default judgment iro failure to ...

HH277-10 : BENCHILL INVESTMENTS (PVT) LTD vs BATTERY WORLD (PVT) LTD
Ruled By: KUDYA J

15 and 16 November 2010 Law of Contract-viz specific performance.Damages-viz contractual damages re alternative to a claim for specific performance.Procedural Law-viz rules of evidence re ...

HH276-14 : JOHN GORE vs SIMON CHIWARE
Ruled By: UCHENA J and MWAYERA J

27 May 2014 and 12 June 2014 Procedural Law-viz civil appeal.Damages-viz delictual damages re adultery damages.Law of Delict-viz adultery.Procedural Law-viz civil appeal re findings of fact made ...

HH276-10 : DAVID CHIGODORA and NELIA CHIGODORA vs THOMAS C. T RODRIGUES and THOMAS C.T. RODRIGUES (N.O.) and THE REGISTRAR OF DEED and THE MASTER OF THE HIGH COURT and THE DEPUTY SHERIFF
Ruled By: MTSHIYA J

19 October 2010 and 29 December 2010 Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz citation re party acting in a personal capacity.Law of ...

HH275-10 : NOBLE GAPARE vs KAEN W. MOYO and RESIDENT MAGISTRATE, HARARE CIVIL COURTS and MESSENGER OF COURT
Ruled By: MAKONI J

22 and 29 October 2009 and 8 December 2010 Procedural Law-viz civil review re Order 33.Procedural Law-viz affidavits re founding affidavit iro deponent to the founding affidavit.Procedural Law-viz founding ...

HH274-14 : JUDITH MAPFUMO vs DIRECTOR OF HOUSING AND COMMUNITY SERVICES and T. MURONZI N.O. and CHITUNGWIZA MUNICIPALITY
Ruled By: MATHONSI J

29 May 2014 and 11 June 2014 Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz default judgment re failure to file opposing papers.Procedural Law-viz ...

HH274-10 : FARAI CHITSINDE and NYASHA CHITSINDE vs STANNY MUSA and THE REGISTRAR OF DEEDS and THE DEPUTY SHERIFF
Ruled By: MTSHIYA J

14 September 2010 and 15 December 2010 Law of Property-viz proof of title re immovable property.Law of Contract-viz contract for the benefit of a third party re ...

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HH273-16 : KINGDOM BANK LIMITED vs THE RIGHT INVESTMENTS (PVT) LTD and OPIUM INVESTMENTS (PVT) LTD and PHILLIPA COUMBIS
Ruled By: CHAREWA J

26 October and 7 December 2015; 11 May 2016 Procedural Law-viz rules of evidence re documentary evidence.Law of Contract-viz intent re the parole evidence rule iro the plea of ...

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HH273-10 : WYNINA (PRIVATE) LIMITED vs MBCA BANK LIMITED
Ruled By: PATEL J

28 September to 1 October 2009 and 11 January 2011 Banking Law-viz quasi fiscal operations of the Reserve Bank.Banking Law-viz quasi fiscal operations of the Central Bank.Damages-viz contractual damages re ...

HH272-22 : SLASHWOOD MINING (PVT) LTD and ZENIT GROUP LIMITED vs ONTAGE RESOURCES (PVT) LTD
Ruled By: ZHOU J

17 November 2020 and 3 May 2022 Procedural Law-viz final orders re superannuation iro revival of superannuated judgments.Procedural Law-viz final orders re super-annuation iro revival of super-annuated ...

HH272-15 : VENENCIA CHIMINYA vs ESTATE LATE DENNIS CHIMINYA and PASSIVELY CHIMINYA and THE MASTER OF THE HIGH COURT
Ruled By: MWAYERA J

18 February 2015 and 12 March 2015 Estate Law-viz rights of beneficiaries re testate succession iro surviving spouse.Estate Law-viz rights of beneficiaries re testate succession iro Wills ...

HH272-14 : TREVIGLO SERVICES trading as TADA TEAK AND IRON vs EMMERSON GWATIDZO
Ruled By: CHIGUMBA J

17 March 2013, 4 June 2014 Procedural Law-viz rescission of judgment re default judgment.Procedural Law-viz rescission of judgment re default judgment iro negligence of legal practitioner.Procedural ...

HH272-10 : NICHOLAS VAN HOOGSTRATEN vs FELISTAS JAMES and THE SHERIFF FOR ZIMBABWE and THE CHIEF REGISTRAR OF DEEDS
Ruled By: MAKONI J

21 January 2010, 16 September 2010 and 8 December 2010 Procedural Law-viz sale in execution.Procedural Law-viz rules of court re High Court Rules iro Rule 259.Procedural Law-viz sale in execution ...

HH271-13 : ASHANTI GOLDFIELDS ZIMBABWE LIMITED t/a FREDDA REBECCA MINE vs NYASHA MUTENGWA
Ruled By: MAWADZE J

30 July and 5 September 2013 Procedural Law-viz summary judgment re eviction proceedings.Labour Law-viz employment contract re contractual benefits iro employee housing policy.Procedural Law-viz signatures re ...

HH270-17 : ENGEN PETROLEUM [PVT] LTD vs INFRASTRUCTURE DEVELOPMENT BANK OF ZIMBABWE
Ruled By: MAFUSIRE J

24 April 2017 and 3 May 2017 Procedural Law-viz appeal re leave to execute pending appeal.Procedural Law-viz appeal re the principle that the noting of an appeal ...

HH270-10 : SASFUEL AND CHEM (ZIMBABWE) PRIVATE LIMITED vs MARYNA SYMES N.O. and ENVA MOTALA N.O. and THLABO MAENETYA N.O. and THE MASTER OF THE HIGH COURT OF ZIMBABWE
Ruled By: MAKONI J

29 November 2010 Procedural Law-viz citation re party acting in official capacity.Law of Property-viz vindicatory action.Law of Property-viz rei vindicatio.Law of Property-viz proof ...

HH27-18 : SAMSON MEKI vs AIR ZIMBABWE (PVT) LTD and AIR ZIMBABWE HOLDINGS (PVT) LTD and COMMERCIAL BANK OF ZIMBABWE LTD
Ruled By: HUNGWE J

12 July 2017 and 24 January 2018 Procedural Law-viz judicial attachment re garnishee order iro Rule 377 of the High Court Rules.Procedural Law-viz citation re joinder iro ...

HH27-15 : NICOLAS MUSONA vs BROYGLOW INVESTMENTS PVT LTD and HOWLAY INVESTMENTS PVT LTD
Ruled By: TSANGA J and CHITAKUNYE J

16 September and 15 January 2015 Law of Property-viz proof of title re immovable property iro registered rights.Land Acquisition-viz compulsory acquisition re farmland iro section 16B ...

HH27-13 : ARNOLD SIKHUMBUZO MAHLANGU vs C Z L INCORPORATED (PRIVATE) LIMITED
Ruled By: MAKONI J

17 January 2013 Procedural Law-viz summary judgment.Procedural Law-viz summary judgment re payment of debt iro employment benefits.Procedural Law-viz jurisdiction.Labour Law-viz severance agreement.Procedural Law-viz ...

Appealed
HH27-11 : CALLISTO MUZONGONDI vs DORICA MUZONGONDI (nee OFFICE)
Ruled By: CHITAKUNYE J

15 March 2010 and 3 February 2011 Family Law-viz decree of divorce re irretrievable breakdown of the marriage relationship.Family Law-viz division of the assets of the spouses ...

HH27-10 : ROUTE TOUTE BV and PENINSULAR PLANTATIONS (PVT) LTD and MATANUSKA (PVT) LTD and BRIGHTSIDE FARM (PVT) LTD vs SUSNSPUN BANANAS (PVT) LTD and AMBASSADOR-MAJOR GENERAL CHIMONYO
Ruled By: CHATUKUTA J

27 January and 10 February 2010 Land Acquisition-viz offer letter.Law of Property-viz spoliation order.Land Acquisition-viz mandament van spolie.Procedural Law-viz interim interdict.Procedural Law-viz provisional order re confirmation ...

HH27-09 : ZIMRE PROPERTY INVESTMENTS LI MITED vs JOANDRISA ANIMAL FEEDS (PVT) LTD
Ruled By: UCHENA J

29 January 2009 and 11 March 2009 Law of Property-viz lease agreement re termination iro lessee eviction.Law of Property-viz agreement of lease re cancellation iro lessee eviction.Procedural ...

HH27-08 : EDSON NYAMAPFENI vs CONSTITUENCY REGISTRAR MBERENGWA EAST and ZIMBABWE ELECTORAL COMMISSION and MINISTER OF JUSTICE and DOUGLAS MOMBESHORA and CLEVER KUGOTI
Ruled By: UCHENA J

22 February 2008 Procedural Law-viz appeal re electoral proceedings.Electoral Law-viz nomination proceedings.Procedural Law-viz citation re party acting in an official capacity.Electoral Law-viz voters ...

HH27-07 : EDWARD MARUME and ELLEN CHAMUNORWA vs TODD MURANGANWA
Ruled By: MAKARAU JP

18 October 2006 and 25 April 2007 Procedural Law-viz pleadings re unopposed proceedings.Procedural Law-viz default judgment re Rule 58 of the High Court Rules.Procedural Law-viz rules of ...

HH269-17 : TELECONTRACT (PVT) LTD vs POSTAL & TELECOMMUNICATIONS REGULATORY AUTHORITY and MINISTER OF INFORMATION, COMMUNICATION, TECHNOLOGY and MNISTER OF TRANSPORT, COMMUNICATIONS & INFRASTRUCTURE DEV.
Ruled By: MUREMBA J

31 January 2017 and 3 May 2017 Postal and Telecommunications Law-viz licencing re section 30 of the Postal and Telecommunications Act [Chapter 12:05].Postal and Telecommunications Law-viz licencing ...

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HH269-13 : NATIONAL SOCIAL SECURITY AUTHORITY vs N. SVOVA and ORS and R. MAKASI and ORS and P. MUDYIWA and ORS and W. MUGOBOGOBO and ORS
Ruled By: MATHONSI J

18, 25 and 4 September 2013 Procedural Law-viz postponement of proceedings.Procedural Law-viz deferment of proceedings.Procedural Law-viz summary judgment re Rule 66 of the High Court Rules.Procedural ...

HH268-10 : TOTAL ZIMBABWE (PRIVATE) LIMITED vs APPRECIATIVE INVESTMENTS (PRIVATE) LIMITED
Ruled By: KUDYA J

25, 26 October and 10 November and 1 December 2010 Law of Property-viz lease agreement re cancellation.Law of Property-viz agreement of lease re termination iro failure to pay rentals.Law of ...

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HH267-10 : THE TRUSTEES OF THE LEONARD CHESHIRE HOMES ZIMBABWE CENTRAL TRUST vs ROBERT CHIITE and TOGAREPI CHIMBARANGA and ARTMORE DEMBEZEKE and OTHERS
Ruled By: UCHENA J

19 and 20 February, 13 March, 27, 29 and 30 May 2008; 24, 25 and 26 February, 11 March, 7 and 21 September, 28 and 29 October 2009; 15 and 16 February, 2 and 5 March, 6 and 7 April, 10 and 11 May, 2 September, and 15 December 2010 Trust Law-viz establishment of a Trust re Deed of Trust.Trust Law-viz trust beneficiaries.Law of Property-viz rei vindicatio re eviction.Law of ...

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HH264-21 : MUSA KIKA vs MINISTER OF JUSTICE LEGAL & PARLIAMENTARY AFFAIRS and THE CHIEF JUSTICE HONOURABLE LUKE MALABA N.O. and OTHERS
Ruled By: ZHOU J, CHAREWA J and MUSHORE J

14 and 15 May 2021 Procedural Law-viz citation re party acting in an official capacity iro nominus officiae.Procedural Law-viz citation re party acting in an ...

HH264-10 : FRANCIS NDOWA vs GODFREY ANYIGA ADEBE
Ruled By: GOWORA J

25 November 2010 and 2 December 2010 Law of Property-viz lease agreement re eviction.Law of Contract-viz Deed of Settlement.Procedural Law-viz default judgment re failure to file opposing ...

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