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Civil Cases

HH191-14 : OLD MUTUAL INVESTMENT GROUP vs M AND S DRIVING SCHOOL and MARKO CHINGOMA
Ruled By: MAKONI J

18 October 2012 and 30 April 2014 Law of Contract-viz commercial arbitration re registration of arbitral award iro Article 35 of the United Nations Commission of International ...

HH191-12 : VASCO OLYMPIO AND TSVANGIRAYI GARAKATA AND THREE OTHERS vs SHOMET INDUSTRIAL DEVELOPMENT
Ruled By: CHIWESHE JP

5 October 2010 Labour Law-viz arbitral award re registration iro noting an appeal with the labour court.Labour Law-viz arbitral award re registration iro ...

HH191-10 : 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 real rights.Procedural Law-viz interim interdict re personal rights.Procedural Law-viz provisional order re urgent chamber application ...

HH190-14 : AFRICAN BANKING CORPORATION OF ZIMBABWE LIMITED vs SUNJET DEVELOPMENT HOLDINGS (PRIVATE) LIMITED
Ruled By: MAKONI J

25 October 2012 and 30 April 2014 Procedural Law-viz summary judgment.Law of Contract-viz debt re contractual debt.Law of Contract-viz debt re debt security iro immovable property.Procedural Law-viz ...

HH190-10 : NGONI MUDEKUNYE and GLADYS CHAMUTSA and MASIMBA MUDEKUNYE and TAMBURIKA MUDEKUNYE vs AARON EVANS MUDEKUNYE and BERTHA MUDEKUNYE and DEPUTY SHERIFF CHIPINGE N.O.
Ruled By: BERE J

2nd and 3rd August 2010 Procedural Law-viz urgent chamber application.Procedural Law-viz stay of execution.Procedural Law-viz stay of execution re stay of execution pending application for ...

HH19-15 : CONSTABLE CHIKOSHA and SERGEANT TAPERA vs OFFICER IN CHARGE, CHIKURUBI DETENTION BARRACKS and OFFICER IN CHARGE, MUREWA DISTRICT HEADQUATERS and COMMISSIONER GENERAL OF POLICE
Ruled By: MANGOTA J

30 December 2014 and 12 January 2015 Procedural Law-viz urgent chamber application re stay of execution iro stay of detention.Procedural Law-viz urgent application re urgency iro liberty ...

HH19-11 : JAMESON RUSHWAYA and ANNIE RUSHWAYA vs PATTERSON TIMBA and SWIMMING POOL & UNDER WATER REPAIRS PL and TOLROSE INVESTMENTS PL and MESSENGER OF COURT, KADOMA
Ruled By: MAVANGIRA J

14 and 20 January 2011 Procedural Law-viz urgent chamber application.Mining-viz mining claims.Procedural Law-viz urgent application re urgency iro the certificate of urgency.Procedural Law-viz res judicata.Procedural ...

HH19-10 : FORRESTER ESTATE (PRIVATE) LIMITED vs M.C.R. VENGESAYI and THE MINISTER OF LANDS IN THE OFFICE OF THE PRESIDENT AND CABINET
Ruled By: PATEL J

26 January and 2 February 2010 Appeal-viz notice of appeal re spoliation order.Appeal-viz notice of appeal re mandament van spolie.Appeal-viz leave to execute pending appeal.Appeal-viz leave ...

HH19-09 : RACHEL T DUBE vs RHODA MUCHETWA and THE REGISTRAR OF DEEDS
Ruled By: MAKARAU JP

13 and 25 February 2009 Law of Contract-viz variation of a contract.Law of Contract-viz acknowledgement of debt.Law of Contract-viz termination of a contract re breach ...

HH19-08 : SERGIO TARWIREYI vs SAMUEL MBONELI KUNENE AND FOURWAY HAULAGE S.A. (PTY) LTD
Ruled By: HUNGWE J

10 October, 2007 and 12 March, 2008 Procedural Law-viz proceedings against peregrinus.Procedural Law-viz proceedings against peregrinus iro non-resident.Procedural Law-viz jurisdiction re peregrinus.Procedural Law-viz jurisdiction re peregrinus iro ...

HH19-07 : PONDORO (PVT) LTD and DOUGLAS TAYLOR-FREME vs MENDE NEMAKONDE and THE MAGISTRATE, CHINHOYI
Ruled By: HUNGWE J

18 and 20 January 2008 Procedural Law-viz urgent chamber application re urgency iro the certificate of urgency.Procedural Law-viz condonation re Rule 4C of the High ...

HH189-15 : ELTON NYABUSHA vs ZIMBABWE ELECTRICITY TRANSMISSION AND DISTRIBUTION COMPANY
Ruled By: MATANDA-MOYO J

14, 15 January and 25 February 2015 Law of Delict-viz negligence re commercial iro pecuniary loss.Damages-viz delictual damages re economic loss iro commercial.Law of Delict-viz negligence re ...

HH189-14 : GODFREY MURANGANWA vs SHORTHAULS TRANSPORT (PVT) LTD
Ruled By: MAVANGIRA J and MWAYERA J

6 February and 7 May 2014 Procedural Law-viz civil appeal.Law of Property-viz lease agreement re termination iro sub-lessee.Law of Property-viz agreement of lease re cancellation iro ...

HH188-14 : XAVIER P MAKUMBINDE vs KUDZAI RUZVIDZO and JOEL MAZANHANGA
Ruled By: MAFUSIRE J

28 February 2014 and 28 April 2014 Procedural Law-viz declaratory order.Procedural Law-viz declaratur.Procedural Law-viz final orders re ex tempore judgment.Procedural Law-viz rules of evidence re documentary evidence.Procedural ...

HH187-14 : CHRISTMAS MAZARIRE vs OLD MUTUAL SHARED SERVICES (PRIVATE) LIMITED
Ruled By: MTSHIYA J

14 April and 16 April and 24 April 2014 Procedural Law-viz urgent chamber application.Procedural Law-viz declaratory order.Procedural Law-viz declaratur.Labour Law-viz employment contract re termination.Labour Law-viz reternchment re severence agreement.Procedural ...

HH187-10 : FIRST CLASS ENTERPRISES LTD vs SCANLINK (PVT) LTD
Ruled By: GOWORA J

26 June 2009 and 1 September 2010 Damages-viz special damages.Procedural Law-viz consent order re consent to judgment.Procedural Law-viz consent order re setting aside of consent order.Damages-viz special ...

HH186-14 : AFRICAN BANKING CORPORATION OF ZIMBABWE LIMITED vs DYNAMIC SUCCESS (PVT) LTD and DORCAS MARY MUDENDA
Ruled By: MTSHIYA J

6 February 2014, 30 April 2014 Banking Law-viz credit facility re loan.Law of Contract-viz debt re debt security iro guarantee.Law of Contract-viz debt re debt security ...

HH186-12 : CHRISTOPHER CHIWALO vs DOMINIC MUSEKIWA
Ruled By: CHIWESHE JP

05 October 2010 Procedural Law-viz contempt of court re wilfuness.

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HH186-10 : CAFCA LIMITED vs RESERVE BANK OF ZIMBABWE
Ruled By: MTSHIYA J

26 May 2010; 8 June 2010;and 15 September 2010 Law of Contract-viz debt re contractual iro proof of claim.Banking Law-viz quasi fiscal operations of the Central Bank.Law of Contract-viz ...

HH185-14 : THE WATTLE COMPANY LTD vs JOHN GADZIKWA and THE DEPUTY SHERIFF
Ruled By: TAGU J

16 April 2014 Procedural Law-viz urgent chamber application.Procedural Law-viz urgent application re stay of execution.Procedural Law-viz default judgment re automatic bar re failure ...

HH185-12 : CHITUNGWIZA MUNICIPALITY vs DELATFIN INVESTMENTS (PRIVATE) LIMITED
Ruled By: CHIWESHE JP

29 June 2011 Procedural Law-viz dispute of fact re application procedure.

HH185-10 : MUHAMMAD ZAKIR vs CHIEF IMMIGRATION OFFICER and MINISTER OF HOME AFFAIRS
Ruled By: BERE J

13 August 2010 Procedural Law-viz urgent chamber application re urgency.Procedural Law-viz urgent chamber application re urgency iro liberty of an individual.Procedural Law-viz urgent ...

HH184-15 : ANDREW CRANSWICK vs RETIRED MAJOR GENERAL HAPPYTON BONYONGWE
Ruled By: ZHOU J

12 June 2014 and 25 February 2015 Procedural Law-viz default judgment re rescission of default judgment iro Rule 63 of the High Court Rules, 1971.Procedural Law-viz final ...

HH184-14 : FATIMA MAGEDI and KENNEDY SAMURIWO vs RURAMAI SAMURIWO and YVONNE SAMURIWO and TINASHE SAMURIWO and A.CHITAUNHIKE (as executor testamentary) NO and THE MASTER OF THE HIGH COURT NO
Ruled By: MAWADZE J

28 October 2013 and 8 May 2014 Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz declaratory order.Procedural Law-viz declaratur.Estate Law-viz rights of beneficiaries re ...

HH183-17 : ZB RETRENCHEES vs ZIMBABWE BROADCASTING HOLDINGS
Ruled By: MAKONI J

15 August 2015 and 15 March 2017 Labour Law-viz employment contract re termination iro retrenchment.Law of Contract-viz essential elements re consensus ad idem.Procedural Law-viz declaratory order.Procedural Law-viz ...

HH183-15 : ZB BANK LIMITED vs ERIC ROSEN (PVT) LTD and ERIC ANTHONY ROSEN and ELIZABETH ROSEN
Ruled By: MAFUSIRE J

15 January 2015 and 25 February 2015 Procedural Law-viz Special Case proceedings re Order 29 of the High Court Rules.Procedural Law-viz Stated Case proceedings re Order 29 ...

Appealed
HH183-14 : MUGUMBATE KENNETH and GOHODZI GOHODZI and MASINIRE RICHARD and MATEKU FUNGISAI and MLAMBO TINASHE and NYAMUZIWA RINASHE vs UNIVERSITY OF ZIMBABWE
Ruled By: MAFUSIRE J

20 February 2014 and 17 April 2014 Administrative Law-viz the Wednesbury principle re irrationality of an administrative decision.Procedural Law-viz rules of evidence re documentary evidence.Education Law-viz enrolment ...

HH183-12 : ALEX CHIMHOWA and OTHERS vs JOYCE CHIMHOWA (nee MASUKWEDZA) and FREMUS EXECUTOR SERVICES (PVT) LTD (N.O.) and MASTER OF HIGH COURT (N.O.) and CITY OF HARARE (N.O.)
Ruled By: CHIWESHE JP

8 March, 17 November and 23 November 2011 Procedural Law-viz review proceedings re administrative conduct.Procedural Law-viz citation re party acting in an official capacity iro nominus officiae.Administrative Law-viz ...

HH183-10 : LUKE CHIGWIDA and MAVIS CHIPFUPA vs WITBEST ENTERPRISES (PRIVATE) LIMITED and SYDNEY CHADA and MAINLINE TANKERS and STANLEY CHIHURI
Ruled By: MAVANGIRA J

28, 29 and 30 January, 16 February and 6 May 2009, 20 January 2010 and 27 October 2010 Procedural Law-viz pleadings re amendment to pleadings.Delict Law-viz economic loss re motor vehicle.Delict Law-viz economic loss re commercial iro loss ...

HH181-16 : MICHAEL NYIKA and CRISPEN TOBAIWA 1 vs MINISTER OF HOME AFFAIRS 2 and COMMISSIONER GENERAL, POLICE N.O. and INSPECTOR DAMBURAI and CONSTABLE LISBORNE CHIBANDA
Ruled By: TSANGA J

17 November 2015 and 9 March 2016 Procedural Law-viz citation re party acting in an official capacity.Constitutional Law-viz constitutionality of statutory provisions re the Police Act iro ...

HH181-14 : SHEILA CHINYAMAKOBVU vs EMMANUEL CHINYAMAKOBVU
Ruled By: MAWADZE J

29 October 2013 and 17 April 2014 Procedural Law-viz costs re matrimonial matter iro Rule 274(1).Procedural Law-viz rules of court re High Court Rules iro Rule 274(1).Procedural ...

HH181-12 : JENNIFER NYAMAKURA vs AGRIPPA MUZENGI
Ruled By: CHITAKUNYE J and MAWADZE J

22 June 2011 and 10 May 2012 Procedural Law-viz civil appeal.Family Law-viz custody re minors.Procedural Law-viz final orders re relief overriding extant court orders.Procedural Law-viz final orders ...

HH181-10 : CEDRIC STEELE vs EDWARD HAMADZIRIPI CHIPOPE and PATRICK MADZIMA
Ruled By: MAKONI J

3 March 2010 and 19 August 2010 Law of Delict-viz defamation.Damages-viz defamation damages.Law of Delict-viz defamation re utterances.Law of Delict-viz defamation re malicious prosecution.Procedural Law-viz default judgment ...

HH180-16 : DR JABULANI KUCHENA vs THE SCIENTIFIC AND INDUSTRIAL RESEARCH AND DEVELOPMENT CENTRE
Ruled By: CHIGUMBA J

8 February 2016 and 9 March 2016 Procedural Law-viz urgent chamber application.Procedural Law-viz rules of construction re statutory provisions iro section 10 of Part 4 of the ...

HH180-15 : HERSEL INVESTMENTS (PVT) LTD vs THE REGISTRAR OF DEEDS N.O. and THE SHERIFF OF THE HIGH COURT and TREDCOR ZIMBABWE (PVT) LTD and ESTRELAC INVESTMENTS (PVT) LTD and ROSELYN MANDEBVU
Ruled By: TAGU J

22 January 2015; 5 and 25 February 2015 Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz urgent chamber application re stay of execution.Procedural Law-viz stay ...

HH180-14 : 1. KENIAS MUTYASIRA and 2. BARBRA GONYORA N.O. vs 1. BARBRA GONYORA NO and THE MASTER OF THE HIGH COURT and THE REGISTRAR OF COMPANIES and 2. KENIAS MUTYASIRA and LINAH GONYORA and OTHERS
Ruled By: MAWADZE J

14 October 2013 and 17 April 2014 Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz consolidation of matters.Estate Law-viz appointment of executor dative.Procedural Law-viz ...

HH180-10 : HAROON SALEMAMMED MOHAMED t./a HANAS HARDWARE AND ELECTRICAL vs SALEM ABDUL KARIM NOORMAHOMED and MESSENGER OF COURT, HARARE
Ruled By: MAWADZE J

12 August 2010 Procedural Law-viz urgent chamber application.Procedural Law-viz provisional order.Procedural Law-viz interim interdict.Procedural Law-viz stay of execution re stay of eviction.Law of ...

HH18-15 : ZIMBABWE RED CROSS SOCIETY vs EMMA KUNDISHORA and SHERIFF OF ZIMBABWE
Ruled By: NDEWERE J

11 November 2014 and 14 January 2015 Procedural Law-viz urgent chamber application re stay of execution.Procedural Law-viz automatic bar re filing notice of opposition out of time.Procedural ...

HH18-12 : PIONEER TRANSPORT (PVT) LTD vs DELTA CORPORATION LTD and DAVID LESLIE CRUTTEDEN
Ruled By: GOWORA J

18 October and 1 January 2012 Law of Contract-viz contract of hire.Law of Contract-viz letting of services.Law of Contract-viz dispute resolution re referral to arbitration.Law of ...

HH18-10 : CENTRAL AFRICA BUILDING SOCIETY vs EPHISON NDAHWI
Ruled By: MAKARAU JP

14 January and 3 February 2010 Procedural Law-viz summary judgment re debt.Procedural Law-viz rules of evidence re evidence on behalf of a corporate entity iro institutional ...

HH18-09 : PLAXEDES BIRI vs JOSEPH CHARLES TSURO and JOSEPHINE TSURO AND TWO OTHERS
Ruled By: KUDYA J

20 February 2009 Estate Law-viz rights of beneficiaries re unregistrered customary law union.Estate Law-viz beneficiaries re legal surviving spouse iro unregistered customary law ...

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HH18-06 : MASIYIWA CLEOPHAS GONYE vs STELLA MARIS GONYE (NEE MUCHENJE)
Ruled By: UCHENA J

15 March, 19, 10 and 30 May, 1 June, 20 and 25 July, 7 and 8 November 2005 and 22 February 2006 Family Law-viz division of the assets of the spouses re direct contributions.Family Law-viz apportionment of matrimonial property re indirect contributions.Family ...

HH179-10 : TM SUPERMARKETS (PVT) LTD vs CHADCOMBE PROPERTIES (PVT) LTD and ROCKMOUNT TRADING (PVT) LTD
Ruled By: MTSHIYA J

4 June 2010 and 18 August 2010 Procedural Law-viz provisional order re urgent chamber application.Procedural Law-viz interim interdict.Procedural Law-viz consent order.Procedural Law-viz provisional order re determination of ...

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HH178-14 : WILLOUGHBY'S INVESTMENTS (PRIVATE) LIMITED vs PERUKE INVESTMENTS (PRIVATE) LIMITED and THE HONOURABLE MR JUSTICE (Ret) A. R. GUBBAY SC
Ruled By: ZHOU J

5 March 2013 and 16 April 2014 Law of Contract-viz commercial arbitration re setting aside of arbitral award iro Article 34(2)(b)(ii) of the Arbitration Act [Chapter 7:15].Law ...

HH178-10 : MATANDA (PRIVATE) LIMITED vs MINISTER OF NATIONAL SECURITY, LANDS, LAND REFORM AND RESETTLEMENT and ONIAS GOTORE and OTHERS
Ruled By: MAKONI J

22 October 2009 and 11 November 2009 Procedural Law-viz declaratory order re ownership of immovable property.Procedural Law-viz declaratur re ownership of immovable property.Land Acquisition-viz offer letters re ...

HH177-17 : GILBERT JONGA vs NYASHA CHABATA
Ruled By: CHATUKUTA J

10, 13 and 31 January 2016; 6 February 2017 and 14 March 2017 Procedural Law-viz urgent chamber application.Law of Property-viz land acquisition re lawful authority to occupy gazetted land.Law of Property-viz spoliation order.Law ...

HH177-15 : AFRASIA BANK ZIMBABWE LIMITED vs SIMBARASHE CHIDAKWA
Ruled By: TAGU J

11 February 2015 Procedural Law-viz default judgment re failure to appear for pre-trial conference.Procedural Law-viz final orders re entitlement of a litigating party ...

HH177-14 : BONIFACE DENENGA and LORRANE DENENGA vs ECOBANK ZIMBABWE (PVT) LTD and STRIVEWELL INVESTMENTS P/L (represented by Mr. Makuyana The Judicial Manager) and THE SHERIFF OF ZIMBABWE
Ruled By: MAWADZE J

10 April 2014 Procedural Law-viz urgent chamber application re stay of execution.Procedural Law-viz urgent application re urgency.Banking Law-viz credit facility re overdraft facility.Law ...

HH177-11 : J. MAMBARA N.O. (in his capacity as executor dative of the estate of the late Wilson Madziva) vs CAROLINE KUNAKA and BOBBY MANGODZA and OTHERS
Ruled By: MUTEMA J

10, 11, 23, 24, and 30 March 2011 Procedural Law-viz citation re party acting in an official capacity.Law of Contract-viz specific performance re specific performance ex contractu.Law of ...

HH177-10 : PETER MUTENDA vs MEDIA MUTENDA
Ruled By: MUSAKWA J

29, 30 January 2009 and 5 August 2010 Family Law-viz decree of divorce re irretrievable breakdown of the marriage relationship.Procedural Law-viz consent order re settled issues.Procedural Law-viz withdrawal ...

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