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Civil Cases

HH22-08 : SHAUN MANDAA KUDINGA vs RODGERS DHLIWAYO AND THE CHAIRMAN, RENT BOARD
Ruled By: MAKARAU JP

11 and 12 March 2008 Law of Property-viz lease re Rent Board jurisdiction iro High Court.Law of Property-viz lease re rent regulations.Procedural Law-viz cause of ...

HH218-10 : KENIAS MUTYASIRA vs BARBRA GONYORA
Ruled By: CHITAKUNYE J

28 October 2010 Procedural Law-viz rules of court re High Court Rules iro Rule 313.Procedural Law-viz High Court Rules re Rule 313 iro ...

HH217-17 : NAISON SEKERAMAYI and OTHERS vs MASTER OF HIGH COURT and PROVINCIAL MAGISTRATE, HARARE and EASTER DZWOWA and YARADZO MUNANGATI MANONGWA (Executrix Dative in Estate Lovemore Sekeramayi)
Ruled By: ZHOU J

23 and 29 March 2017 Estate Law-viz rights of beneficiaries re intestate succession iro surviving spouse.Estate Law-viz registration of a deceased estate re double registration.Procedural ...

HH217-15 : GODFREY GURIRA and ESTATE LATE OBERT NDAWI and HILTON CHIKUYA and LAZARUS NEMBAWARE vs ZIMBABWE COUNCIL FOR HIGHER EDUCATION (ZIMCHE) and ROSELINE NHAMO and MASTER OF THE HIGH COURT
Ruled By: ZHOU J

2 October 2014 and 4 March 2015 Procedural Law-viz final orders re rescission of judgment iro arbitral awards.Procedural Law-viz final orders re setting aside of arbitral awards ...

HH217-14 : WINNIE MUZUVA vs RENIA MUSARA
Ruled By: MAVANGIRA J and TSANGA J

6 February and 7 May 2014 Procedural Law-viz civil appeal.Procedural Law-viz default judgment re failure to attend trial hearing.Procedural Law-viz rescission of judgment re rescission of ...

HH217-10 : HEIKO PETER HORSTMAN vs GARFIELD INVESTMENTS (PRIVATE LIMITED) and GODFREY MAKONI
Ruled By: GOWORA J

28 September 2010 Law of Property-viz lease agreement re eviction.Procedural Law-viz motion proceedings re eviction order iro agreement of lease.Law of Contract-viz debt ...

HH216-14 : DELTA BEVERAGES (PRIVATE) LIMITED vs ZIMBABWE REVENUE AUTHORITY
Ruled By: MAVANGIRA J

4 September 2013 and 7 May 2014 Procedural Law-viz declaratory order re declaration of fact.Procedural Law-viz declaratur re declaration of facts.Tax Law-viz excise duty re rebate on ...

HH215-15 : AMIEL MATINDIKE vs DUFFY MITCHELLE PROPERTY INVESTMENTS (PVT) LTD T/A K. M. AUCTIONS and THE SHERIFF OF ZIMBABWE
Ruled By: MUREMBA J

20 January 2015 and 4 March 2015 Procedural Law-viz summary judgment re debt recovery.Procedural Law-viz judicial sale in execution.Procedural Law-viz rules of evidence re documentary evidence.Procedural Law-viz ...

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HH215-10 : BERNARD VENGAI vs BENJAMIN CHUMA and NEW DONNINGTON FARM (PRIVATE) LIMITED
Ruled By: KUDYA J

7, 8 and 9 July and 29 September 2010 Delict Law-viz vicarious liability.Delict Law-viz economic loss re road traffic accident.Damages-viz delictual damages re economic loss iro road traffic accident.Damages-viz ...

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HH214-15 : NETONE CELLULAR (PVT) LTD vs BACNET TRADING (PVT) LTD and MINISTER OF LOCAL GOVERNMEMT, PUBLIC WORKS & NATIONAL HOUSING and REGISTRAR OF DEEDS
Ruled By: MAFUSIRE J

27 October 2014 and 2 March 2015 Procedural Law-viz final orders re ex tempore judgment iro entitlement of litigating parties to written reasons for judgment.Legal Practitioners-viz professional ...

HH214-14 : TETRAD INVESTMENT BANK LIMITED vs BINDURA UNIVERSITY OF SCIENCE EDUCATION and THE SHERIFF OF ZIMBABWE
Ruled By: TAGU J

28 April 2014 Procedural Law-viz urgent chamber application re stay of execution.Procedural Law-viz urgent application re urgency iro stay of execution pending nothing.Procedural ...

HH213-18 : BULCHIMEX GmbH IMPORT-EXPORT CHEMIKALIEN und PRODUKTE and TECHNOIMPEX SOFIA BULGARIA JSC vs BULCHIMEX GMBH IMPORT EXPORT CHEMIKALIEN und PRODUKTE PL and SARAH HWINGWIRI and R. JOGI
Ruled By: MANGOTA J

22 February 2018, 7 March 2018 and 25 April 2018 Procedural Law-viz urgent chamber application.Procedural Law-viz citation re party acting in an official capacity iro nominee officii.Procedural Law-viz citation re ...

HH213-15 : BERNARD DUMBURA vs CHIEF LANDS OFFICER (MASH CENTRAL) (NO) and GEORGE MANYAME
Ruled By: NDEWERE J

30 December 2014 and 4 March 2015 Procedural Law-viz citation re party acting in an official capacity iro nominus officiae.Procedural Law-viz rules of evidence re documentary evidence.Law ...

HH213-10 : CEPRAT FARMING (PVT) LTD vs BRIGHTLAND FARMING (PVT) LTD
Ruled By: MTSHIYA J

24 June 2010 and 29 September 2010 Procedural Law-viz the principle of parate executie.Procedural Law-viz summary execution.Law of Contract-viz debt re debt security.Law of Contract-viz pledge.Law of ...

HH212-18 : HOSEA OZIAH NCUBE vs SIMBARASHE MUPINGA
Ruled By: CHAREWA J

2 March and 25 April 2018 Procedural Law-viz appeal re leave to execute pending appeal.Procedural Law-viz appeal re the principle that the noting of an appeal ...

HH212-14 : SUSAN TAURAI MAPUNDE DUBE NO (In her capacity as the Executrix Dative Estate Late Daniel Dube) vs ROBERT MATOKA and THE REGISTRAR OF DEEDS and THE MASTER OF THE HIGH COURT
Ruled By: MAWADZE J

7 November 2013 and 8 May 2014 Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz final orders re rescission of final order iro setting ...

HH212-13 : ELIZABETH CHIWUNDO vs ZIMBABWE NATIONAL FAMILY PLANNING COUNCIL
Ruled By: MATHONSI J

26 June 2013 and 10 July 2013 Procedural Law-viz declaratory order re disguised application for review.Procedural Law-viz declaratur re disguised application for review.Procedural Law-viz jurisdiction re domestic ...

HH212-10 : MAXWELL MUTOKO vs CHARITY MUKURO (In her capacity of executor in the estate late Jayison Mukuro) and THE MASTER OF THE HIGH COURT
Ruled By: CHITAKUNYE J

July 6, 2010 and 30 September, 2010 Estate Law-viz rights of beneficiaries re surviving spouse iro intestate succession.Estate Law-viz rights of beneficiaries re child born out of ...

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HH211-18 : MOSLEY MASHINGAIDZE vs PRECIOUS CHIPUNZA
Ruled By: MATANDA-MOYO J

9 October 2017 and 25 April 2018 Law of Property-viz vindicatory action re claim of right.Law of Property-viz rei vindicatio re claim of right.Damages-viz holding over damages ...

HH211-15 : NETONE CELLULAR PL vs THE MINISTER OF PUBLIC SERVICE LABOUR AND SOCIAL WELFARE and NATIONAL EMPLOYMENT COUNCIL FOR THE COMMUNICATIONS AND ALLIED SERVICES INDUSTRY
Ruled By: MAKONI J

28 February 2013 – 25 February 2015 Procedural Law-viz declaratory order re disguised application for review.Procedural Law-viz declaratur re disguised application for review.Labour Law-viz Collective Bargaining Agreements.Procedural ...

HH211-14 : ZIMBABWE ELECTRICITY TRANSMISSION AND DISTRIBUTION COMPANY vs RONALD MUTOMBODZI
Ruled By: NDEWERE J

5 March 2014 and 14 May 2014 Labour Law-viz transfer of an employee re unilateral transfer of an employee.Labour Law-viz employment contract-viz termination.Labour Law-viz contract of employment ...

Appealed
HH211-10 : VIRGINIA CHIKADAYA [in her capacity as The Executrix Dative of Cyril Chikadaya] vs CLADIOS CHENGA and ZAKEYO CHIKADAYA and BEAUTY MPOFU and REGISTRAR OF DEEDS
Ruled By: KUDYA J

21, 22, 29 June and 22 September 2010 Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz citation re substitution of a party.Law of Property-viz proof ...

HH210-10 : NICOZ DIAMOND INSURANCE CO. vs MARIAN TIGERE and BENJAMIN TSANGAIDZO and ANTONIO IBRIHIM JIVA
Ruled By: BHUNU J

28 May 2010 and 22 September 2010 Delict Law-viz vicarious liability.Delict Law-viz negligence re road traffic accident.Insurance Law-viz insurance policy cover.Insurance Law-viz insurance policy cover re currency ...

HH21-21 : LAZARUS MUCHENJE vs SUSAN M. MUTANGADURA and PAUL MUPFIGA and TENDERO DZVETERO and DR BEAULAH CHIRUME and CHIDO BOKA and NETONE CELLULAR PL
Ruled By: MUREMBA J

29 December 2020 and 27 January 2021 Labour Law-viz misconduct proceedings re suspension from duty iro Chief Executive Officer of a public entity.Labour Law-viz employment contract re ...

HH21-11 : CHRIST EMBASSY ZIMBABWE vs CHIDZIVA INVESTMENTS (PVT) LTD
Ruled By: CHATUKUTA J

30 September 2010 and 19 January 2011 Procedural Law-viz rescission of judgment re default judgment.Procedural Law-viz service of court process re address of service.Procedural Law-viz final orders ...

HH21-10 : TIME SAHWIRA MUPINGA vs THE COMMISSION GENERAL ZIMBABWE REVENUE AUTHORITY (ZIMRA) and MINISTER OF FINANCE
Ruled By: MTSHIYA J

26 November 2009 and 17 February 2010 Procedural Law-viz declaratory order.Procedural Law-viz declaratur.Tax Law-viz immigrant rebate.Tax Law-viz returning resident.Tax Law-viz returning resident's rebate re importation of a ...

HH21-09 : MASHONALAND TURF CLUB vs MICHELLE NYAMANGUNDA
Ruled By: MTSHIYA J

13 and 28 November 2008, 23 December 2008 and 4 March 2009 Law of Property-viz lease agreement re termination iro sub-lessee.Law of Property-viz agreement of lease re termination iro sub-tenant.Procedural Law-viz rules ...

HH209-15 : NATIONAL FOODS OPERATIONS vs PERFECT BAKERY (PVT) LTD and GIFT MABVUNZA
Ruled By: BHUNU J

3 February 2015 and 4 March 2015 Procedural Law-viz summary judgment re debt recovery.Law of Contract-viz debt re joint and several liability.Procedural Law-viz pleadings re withdrawal of ...

HH209-10 : PETER NYANDORO vs CHRISTOPHER MUKOWAMOMBE and JULIA MUKOWAMOMBE and MASTER OF THE HIGH COURT
Ruled By: GUVAVA J

16, 17 July, 2 November 2009 and 23 September 2010 Estate Law-viz rights of beneficiaries re intestate succession.Estate Law-viz rights of beneficiaries re intestate succession iro surviving spouse.Procedural Law-viz declaratory ...

HH208-15 : GOOD LIVING REAL ESTATE PL vs ADAM AND COMPANY PL and SGI PROPERTIES PL and HONOURABLE JUSTICE SMITH
Ruled By: MUREMBA J

16 and 27 February 2015 Procedural Law-viz final orders re ex tempore judgment iro the entitlement of litigating parties to written reasons for judgement.Procedural Law-viz ...

HH208-10 : MIKE CHIVHANGANYE and OLIVIA CHIVHANGANYE vs OACRIDGE PROPERTIES (PVT) LTD and THE HONOURABLE MAGISTRATE CHIBANDA (N.O.)
Ruled By: MUTEMA J

31 August 2010 Procedural Law-viz urgent chamber application.Procedural Law-viz urgent chamber application re urgency.Law of Property-viz proof of title re immovable property.Law of ...

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HH207-15 : G BANK ZIMBABWE LTD vs ZIMBABWE REVENUE AUTHORITY
Ruled By: KUDYA J

9 and 10 September 2014 and 27 February 2015 Tax Law-viz income tax appeal re section 65 of the Income Tax Act [Chapter 23:06].Procedural Law-viz rules of evidence re ...

HH207-14 : PRACTICAL ACTION SOUTHERN AFRICA vs SYLVIA MAKOMVA and SHERIFF OF ZIMBABWE
Ruled By: MATHONSI J

1 April 2014 Procedural Law-viz urgent chamber application.Procedural Law-viz declaratory order.Procedural Law-viz declaratur.Labour Law-viz employment contract-viz unlawful retention of employment benefits.Labour Law-viz contract ...

HH207-13 : MODCRAFT ENGINEERING (PVT) LTD vs TENDA BUSES (PRIVATE) LIMITED and DAMASCUS MUTARE
Ruled By: MATHONSI J

19 June 2013 and 26 June 2013 Law of Delict-viz negligence re liability iro loss arising from a road traffic accident.Damages-viz delictual damages re economic loss iro ...

HH206-10 : STANBIC BANK ZIMBABWE LIMITED vs FLAIR FURNITURE COMPANY (SUCCESSORS) LIMITED
Ruled By: MTSHIYA J

4 and 22 June 2010 and 22 September 2010 Law of Contract-viz debt re contractual debt iro bank facility.Banking Law-viz credit facility re composite facility.Banking Law-viz credit facility re ...

HH205-10 : AFRICA CONSOLIDATED RESOURCES (PVT) LIMITED AND FOUR OTHERS vs MINISTER OF MINES AND MINING DEVELOPMENT AND TWO OTHERS
Ruled By: HUNGWE J

25 August and 6 September 2010 Procedural Law-viz appeals re the principle that the noting of an appeal suspends the decision appealed against.Procedural Law-viz directions of ...

HH204-15 : THUTHANI MOYO vs JOHN BOWMAN and PONDS PHIRI and BERYL WATSON and MARGARET JAMES and ABEL DENHERE and OTHERS
Ruled By: MAWADZE J

17 October 2014 and 25 February 2015 Legal Practitioners-viz right of audience before the court re self actors.Procedural Law-viz cause of action re basis of legal proceedings ...

HH204-14 : KENNETH DONALD ARRAND vs LORAINE JEAN ARRAND
Ruled By: UCHENA J

4, 11 February and 8 May 2014 Procedural Law-viz final orders re consent paper.Procedural Law-viz final order re consent order.Procedural Law-viz final order re order by consent.Family ...

HH204-10 : BENSON SAMUDZIMU vs DAIRIBORD HOLDINGS LTD
Ruled By: CHIWESHE JP

1 September 2010 and 15 September 2010 Procedural Law-viz urgent chamber application.Procedural Law-viz jurisdiction re labour proceedings.Procedural Law-viz jurisdiction re labour proceedings iro section 89(6) of the ...

HH203-15 : ASSWELL GURUPIRA and JEAN GURUPIRA vs EARTHMOVING & CONSTRUCTION COMPANY PL and and SANDRA MUIR and REGISTRAR OF DEEDS and THE SHERIFF and THE DEPUTY SHERIFF
Ruled By: MTSHIYA J

22 January 2015 and 25 February 2015 Procedural Law-viz citation re joinder iro joinder of necessity.Procedural Law-viz rules of evidence re evidence derived from previous litigation.Company Law-viz ...

HH203-14 : CALEB DENGU and WILSON TENDAI NYABANDA vs ZIMBABWE ALLIED BANKING GROUP LIMITED
Ruled By: MATANDA-MOYO J

17 March 2014 and 7 May 2014 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 cause ...

HH203-10 : SHEPHERD MURAHWI and DEBORAH MURAHWI and PETER SIGAUKE and OTHERS vs MS MAGWENZI and ARROSUM CONSTRUCTION (PVT) LTD and DIVINE HOMES (PVT) LTD and NICANOR ENTERPRISES (PVT) LTD
Ruled By: BERE J

13, 23, 24 and 25 August 2010 Procedural Law-viz provisional order re requirements for interim interdict.Procedural Law-viz final order re doctrine of effectiveness.Procedural Law-viz citation re joinder.Procedural ...

HH202-18 : GERTRUDE MUTASA and DIDYMUS MUTASA vs NYAKUTOMBWA MUGABE LEGAL COUNSEL
Ruled By: TSANGA J

29 March 2018 and 11 April 2018 Procedural Law-viz final orders re rescission of judgment iro Rule 449 of the High Court Rules.Procedural Law-viz default judgement re ...

HH202-10 : OBRIDGE ENTERPRISES (PVT) LTD vs PULWICK ENTERPRISES (PVT) LTD
Ruled By: KUDYA J

28 July and 6 September 2010 Law of Contract-viz debt re contractual debt.Procedural Law-viz pleadings re amendment to pleadings iro alteration of claim.Procedural Law-viz rules of ...

HH201-15 : GORDON DUNCAN vs KIRSTY LOUISE LOUW
Ruled By: MATANDA-MOYO J

24 February 2015 Procedural Law-viz urgent chamber application.Family Law-viz custody re removal of a minor from a specified jurisdiction.Family Law-viz custody re minors ...

HH201-14 : CONSTANCE ZVAMAIDA MANDEWO vs CITY OF HARARE
Ruled By: MAKONI J

19 July 2012 and 30 April 2014 Law of Property-viz proof of title re immovable property iro registered rights.Law of Property-viz proof of title to immovable property ...

HH201-10 : MABONDE AGRICULTURAL SERVICES and JACOB MABONDE and HAZEL MOYO vs SENTRIDGE INVESTMENTS (PRIVATE) LIMITED and PK CHIVAURA and O CHIKONYORA and OTHERS
Ruled By: BHUNU J

29 May 2007 and 23, 27, July 2007; 12, 23 May 2008 and 17 June 2008; 8 April 2009, 14 July 2009; and 15 September 2010 Company Law-viz shareholding.Procedural Law-viz citation.Agency Law-viz power of attorney.Law of Property-viz passing of ownership re un-subdivided land.Company Law-viz doctrine of ...

HH200-14 : TICHAONA MUTOPO vs MIDLANDS STATE UNIVERSITY and THE STUDENTS DISCIPLINARY COMMITTEE and THE VICE CHANCELLOR – MIDLANDS STATE UNIVERSITY
Ruled By: MATANDA-MOYO J

2 April 2014 Procedural Law-viz condonation.Procedural Law-viz condonation re late filing of an application for review.Procedural Law-viz civil review re period within which ...

Appealed
HH200-12 : GOLD DRIVEN INVESTMENTS vs TELONE (PVT) LTD AND A. R. GUBBAY N.O.
Ruled By: CHIWESHE JP

26 May 2011 and 9 May 2012 Procedural Law-viz citation re party acting in an official capacity.Law of Contract-viz commercial arbitration re setting aside of arbitral award.Procedural ...

HH20-15 : MUSIMWA & ASSOCIATES LEGAL PRACTITIONERS and KELVIN MUSIMWA vs PHOEBE ZILINDA and ANGELA MADYAMBUDZI
Ruled By: UCHENA J and MWAYERA J

18 November and 21 January 2015 Procedural Law-viz appeal.Procedural Law-viz default judgment re failure to attend pre-trial conference.Procedural Law-viz default judgment.Procedural Law-viz appeal re findings of ...

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