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Civil Cases

HH165-10 : DAVID CHAPFIKA vs TAKADANA MAKINA and HEDON CHATAMBALALA and DEPUTY POLICE COMMISSIONER GENERAL MATANGA and ASSISTANT POLICE COMMISSIONER PFUMVUTI and THE MINISTER OF LANDS
Ruled By: BHUNU J

25 March 2010 and 28 July 2010 Procedural Law-viz urgent chamber application.Land Acquisition-viz offer letters.Land Acquisition-viz operational challenges of the land reform program.Procedural Law-viz provisional order.Procedural Law-viz ...

HH165-09 : WYNONAH O.M. SIMANGO-KANETA vs MOSES KUSENA and DEPUTY SHERIFF
Ruled By: BERE J

23 November 2009 Land Acquisition-viz offer letter.Procedural Law-viz interim order.Procedural Law-viz provisional order.Law of Property-viz claim of possession.Land Acquisition-viz claim of possession re ...

HH164-18 : TRUSTEES FOR THE TIME BEING OF TONGOGARA COMMUNITY SHARE OWNERSHIP TRUST vs MATRIX REALTY (PVT) LTD
Ruled By: MUREMBA J

12 February 2018 and 21 March 2018 Procedural Law-viz default judgment re rescission of judgement.Agency Law-viz commission of agent re real estate agent.Procedural Law-viz default judgement re ...

HH164-15 : JOSEPH NDUNA vs PROTON BAKERIES
Ruled By: MTSHIYA J

20 January 2015 and 18 February 2015 Labour Law-viz labour arbitration re registration of arbitral award iro section 98(14) of the Labour Act [Chapter 28:01].

HH164-10 : KENNETH PATRICK McCOSH vs PIONEER CORPORATION AFRICA LIMITED
Ruled By: KUDYA J

14, 15 June and 28 July 2010 Law of Contract-viz debt re contractual.Labour Law-viz contract of employment re vested rights of ex employees.Labour Law-viz employment contract-viz termination ...

HH164-09 : ZIMRE PROPERTY INVESTMENT (PVT) LTD vs CITY CALVARY CHURCH
Ruled By: GOWORA J

24 September and 13 January 2010 Law of Property-viz lease agreement.Law of Property-viz lease agreement re notice of termination iro renovations.Law of Property-viz agreement of lease ...

HH163-10 : BISSY BEE (PVT) LTD vs GRAIN MARKETING BOARD and BRUKMARK MICROFINANCE (PVT) LTD and DEPUTY SHERIFF-CHITUNGWIZA
Ruled By: MUSAKWA J

13, 16 and 20 July 2010 Procedural Law-viz urgent chamber application.Procedural Law-viz stay of execution.Procedural Law-viz stay of execution re default judgment.Procedural Law-viz service of court ...

HH163-09 : MTOMBENI REGINALD vs TAPFUMANEYI MUPFURAREHWE
Ruled By: GOWORA J

3 December 2009 Law of Contract-viz specific performance re specific performance ex contractu.Law of Property-viz passing of ownership re implied lawful right of ...

HH162-11 : BYL MANYANGE vs OBERT MOSES MPOFU and BREZHNEV MALABA and ZIMBABWE NEWSPAPERS (1980) LIMITED
Ruled By: PATEL J

1 September and 2 November 2010; 18 January and 15 March 2011; 6 September 2011 Law of Delict-viz defamation.Procedural Law-viz rules of evidence re documentary evidence.Procedural Law-viz absolution from the instance.Procedural Law-viz rules of evidence ...

HH162-10 : TRANSMEDIA CORPORATION (PVT) LTD vs BEACH CONSULTANCY COMPANY t /a AVIATION GROUND SERVICES
Ruled By: BHUNU J

13 June 2009 and 15 June and 21 July 2010 Aviation Law-viz cargo handling.Aviation Law-viz cargo handling re airline cargo.Delict-viz professional negligence.Procedural Law-viz rules of evidence re evidence on behalf ...

HH162-09 : ZIMBABWE BROADCASTING HOLDINGS vs SEMUKELISO GONO
Ruled By: GOWORA J

27 May 2009 and 13 January 2010 Law of Property-viz vindicatory action.Law of Property-viz rei vindicatio.Labour Law-viz employment contract re retention of company property.Labour Law-viz contract of ...

HH161-15 : MCR VENGESAYI and AGNES VENGESAYI T/A VENGESAYI ARHITECTS vs BELVEDERE NURSING HOME (PRIVATE) LIMITED
Ruled By: DUBE J

3 March, 26 June, 11 and 28 November 2014 and 18 February 2015 Law of Contract-viz debt re contractual debt iro services rendered.Law of Contract-viz debt re contractual debt iro proof of claim.Procedural ...

HH161-10 : NEVER BVOCHORA vs DOUGLAS TOGARASEI MWONZORA (In his capacity as The executor Dative of the Estate Late I.V. Rukatya)
Ruled By: HUNGWE J

15 and 24 June 2009 Procedural Law-viz citation re party acting in an official capacity.Law of Contract-viz specific performance.Law of Contract-viz specific performance re specific ...

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HH161-09 : TINASHE MALVERN MADAMOMBE vs BINDURA MUNICIPAL COUNCIL and DANISO WAKATAMA and IVORY MATANHIRE and JAPHET KABANGA
Ruled By: GOWORA J

27 May and 13 January 2010 Local Authorities-viz election of mayor.Local Authorities-viz removal of mayor re motion to rescind resolution confirming the election of the mayor.Local ...

HH160-15 : THE SHERIFF OF THE HIGH COURT and STEPHEN MUTUMHE vs RICHARD CHITAMBO
Ruled By: MTSHIYA J

22 January 2015 and 18 February 2015 Procedural Law-viz judicial attachment re inter pleader proceedings.Procedural Law-viz rules of evidence re documentary evidence.Law of Property-viz proof of title ...

HH160-10 : TONDERAI HAMANDISHE and GAMUCHIRAI SANGARE vs MAFFACK PROPERTIES (PVT) LTD
Ruled By: MTSHIYA J

4 May 2010 and 21 July 2010 Procedural Law-viz rules of evidence re documentary evidence.Law of Contract-viz variation of contracts re the whole agreement clause.Law of Contract-viz ...

HH160-09 : SMART GONONDO vs ALICE MUTEPFA and PORTIA NYAMAROPA and CITY OF MUTARE (DIRECTOR OF HOUSING)
Ruled By: MAVANGIRA J

26 October 2007; 22 June 2009; and 20 January 2010 Law of Contract-viz purchase and sale re conditional sale.Law of Contract-viz essential elements re consensus ad idem iro condition precedent.Local ...

HH16-13 : KEMBO MOHADI vs THE STANDARD and STANDARD PRESS (PVT) LTD and DAVISON MARUZIVA and EDDIE CROSS
Ruled By: ZHOU J

13 September 2012 and 17 January 2013 Procedural Law-viz exception.Delict Law-viz defamation.Procedural Law-viz rules of evidence re documentary evidence.Procedural Law-viz special plea re citation.Procedural Law-viz pleadings re ...

HH16-11 : WILLARD MAZHAWIDZA and DORNICA MAZHAWIDZA vs ISAYA MASHAYAKARARA
Ruled By: CHATUKUTA J

30 September 2010 and 12 January 2011 Procedural Law-viz civil appeal re leave to execute pending appeal.Procedural Law-viz declaratory order.Procedural Law-viz declaratur.Procedural Law-viz civil appeal re leave ...

HH16-10 : AMBASSADOR CHIMONYO vs ROUTE TOUTE BV and PENINSULAR PLANTATIONS PL and MATANUSKA PL and THE MINISTER OF LANDS AND RURAL RESETTLEMENT and THE MINISTER OF FOREIGN AFFAIRS
Ruled By: MUSAKWA J

15 and 26 January 2010 Procedural Law-viz stay of execution.Procedural Law-viz declaratory order.Procedural Law-viz declaratur.Procedural Law-viz stay of execution re spoliation order iro land acquisition.Procedural ...

HH16-09 : RICHARD ETHEREDGE vs THE MINISTER OF STATE FOR NATIONAL SECURITY RESPONSIBLE FOR LANDS, LAND REFORM AND RESETTLEMENT and SENATOR EDNA MADZONGWE
Ruled By: GOWORA J

4 February 2009 Procedural Law-viz urgent chamber application.Law of Property-viz spoliation order.Law of Property-viz mandament van spolie.Legal Practitioners-viz right of audience before the ...

HH16-08 : CAVIN CHIFAMBA vs NORBERT MUTASA and GUARANTEE TRUST (PVT) LTD and M V CHIZODZA
Ruled By: MAKARAU JP

18, 19, 20 February and 4 March 2008 Agency Law-viz agency relationship re real estate.Law of Contract-viz specific performance re specific performance ex contractu.Law of Contract-viz specific performance ...

HH159-15 : NGONIDZASHE TAMSANQA GOBA vs ZIMBABWE REVENUE AUTHORITY and COMMISSIONER OF CUSTOMS AND EXCISE
Ruled By: HUNGWE J

18 February 2015 Tax Law-viz immigrants rebate.Tax Law-viz returning residents rebate.Procedural Law-viz rules of evidence re documentary evidence.Tax Law-viz immigrants rebate re section ...

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HH159-13 : KINGDOM MERCHANT BANK LIMITED vs JAYESH SHAH and SATURN TRADING AND INVESTMENTS LIMITED
Ruled By: MATHONSI J

15 May 2013 and 22 May 2013 Law of Contract-viz debt re contractual debt.Law of Contract-viz unjust enrichment.Company Law-viz directorship re personal liability of directors for the ...

HH159-12 : URMILLA GIGA vs ALBION PROPERTIES and MESSENGER OF COURT HARARE and APPLISET INVESTMENTS (PVT) LTD
Ruled By: UCHENA J

28 November, 1 and 2 December 2011 Procedural Law-viz urgent application.Procedural Law-viz lease agreement re eviction proceedings iro Rule 4A of the Magistrates Court Rules.Procedural Law-viz agreement ...

HH159-10 : LANGTON MAKONZA vs PEMBERAI ALICE VICTORIA MAKONZA (nee BIZABANI)
Ruled By: CHITAKUNYE J

July 9, 2010 and 22 July 2010 Family Law-viz decree of divorce re irretrievable break down of the marriage.Family Law-viz custody.Family Law-viz division of the assets of ...

Appealed
HH158-11 : TRUSTCO MOBILE (PTY) LIMITED and TRUSTCO GROUP INTERNATIONAL (PTY) LIMITED vs ECONET WIRELESS (PRIVATE) LIMITED and FIRST MUTUAL LIFE ASSURANCE COMPANY (PRIVATE) LIMITED
Ruled By: MUTEMA J

1 and 4 July 2011 Procedural Law-viz urgent chamber application.Procedural Law-viz civil proceedings instituted by peregrinus.Procedural Law-viz civil proceedings instituted by non-residents.Procedural Law-viz rules of ...

HH158-10 : SIZE MAVUTO vs PAUL GOSTINO and PROMENADE REAL ESTATE and THE REGISTRAR OF DEEDS
Ruled By: GOWORA J

25 June 2010 and 28 July 2010 Agency Law-viz mandate re estate agent.Agency Law-viz mandate re estate agent iro disposal of immovable property.Law of Contract-viz essential elements ...

HH158-09 : WILTON RENSBURG vs MARKO MAVHURUME N.O. and THE REGISTRAR OF DEEDS N.O and THE DEPUTY SHERIFF
Ruled By: MTSHIYA J

6 & 18 November 2009 and 9 December 2009 Law of Contract-viz verbal agreement.Law of Contract-viz oral agreement re purchase of property iro seller is deceased before transfer of ...

HH157-15 : SUCCESS AUTO (PVT) LTD and HONEYPOT INVESTMENTS (PVT) LTD and DOUGLAS MAKONESE and MERCY MAKONESE vs FBC BANK LIMITED and SHERIFF OF THE HIGH COURT OF ZIMBABWE N.O.
Ruled By: MATHONSI J

27 January 2015 and 18 February 2015 Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz judicial sale in execution re Rule 359 of the ...

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HH157-14 : CAG FARMS (PVT) LIMITED vs CRISPEN HATIVAGONI and AUDREY HATIVAGONE and DBT PROPERTIES and REGISTRAR OF DEEDS
Ruled By: DUBE J

26 November 2013 and 2 April 2014 Law of Contract-viz specific performance re specific performance ex contractu iro Memorandum of Understanding.Law of Contract-viz specific performance re specific ...

HH157-12 : JOROME OKEKE vs CHIEF IMMIGRATION OFFICER
Ruled By: MTSHIYA J

22-23 March 2012, 26 March 2012, 29 March 2012 and 4 April 2012 Immigration Law-viz status re temporary permit extension.Procedural Law-viz urgent application re urgency iro abstention from action until the day of ...

HH157-10 : ISAU MUGUGU vs POLICE SERVICE COMMISSION and COMMISSIONER OF POLICE
Ruled By: GOWORA J

2010 Labour Law-viz Zimbabwe Republic Police.Labour Law-viz service police officer re section 29 of the Police Act.Labour Law-viz service police officer ...

HH156-15 : MICHAEL MUPFUMIRA vs DELTA BERVERAGES (PVT) LTD and PASSION AND DREAMS (PVT) LTD
Ruled By: TAGU J

13 and 18 February 2015 Procedural Law-viz urgent chamber application re stay of execution.Procedural Law-viz judicial attachment re stay of execution.Procedural Law-viz service of court ...

HH156-11 : TENDAI BITI vs SUPERINTENDENT MAJUTA and ASSISTANT COMMISSIONER NYATHI and COMMISSIONER GENERAL CHIHURI and ECONET WIRELESS ZIMBABWE LIMITED
Ruled By: BHUNU J

13 June 2011 Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz warrant of entry re section 54(2) of the Criminal ...

HH156-10 : STEPHEN HUDSON vs JOSEPH V. SITHOLE
Ruled By: MTSHIYA J

3 June and 21 July 2010 Procedural Law-viz summary judgment re Rule 64 of the High Court Rules.Procedural Law-viz summary judgement re debt.Law of Contract-viz debt ...

HH156-09 : FREDDY CHINYAVANHU vs LETWIN CHINYAVANHU
Ruled By: GUVAVA J

4 and 5 May and 26 November 2009 Family Law-viz decree of divorce re irretrievable breakdown of the marriage relationship iro section 5 of the Matrimonial Causes Act ...

HH155-15 : TAYESA BANDA vs VUSANI G.D. SIBANDA and ORRIL ENTERPRISES (PVT) LIMITED
Ruled By: TAGU J

10 and 18 February 2015 Procedural Law-viz summary judgment re Rule 64(1) of the High Court Rules.Procedural Law-viz rules of court re High Court Rules ...

HH155-10 : BLESSMORE CHANAKIRA vs TAWANDA MAPFUMO and W.R. GABRAITH
Ruled By: CHIWESHE JP

7 June 2010 and 21 July 2010 Banking Law-viz investments re asset management.Law of Contract-viz dispute resolution re arbitration.Banking Law-viz exchange control re Exchange Control Regulations, 1996.Law ...

HH155-09 : VAIDA SIBIU vs BLANTINA BAMU and ELLISON MUKANDI and CHARITY MUKANDI and MARGARET BAMU and THE REGISTRAR OF DEEDS
Ruled By: MAKONI J

9 SEPTEMBER 2008 Procedural Law-viz rules of court re High Court Rules iro Rule 449.Procedural Law-viz citation re Rule 449.Procedural Law-viz service of ...

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HH154-14 : TEL ONE (PRIVATE) LIMITED vs UNITRACK (PRIVATE) LIMITED
Ruled By: CHIGUMBA J

24 March 2014 and 2 April 2014 Procedural Law-viz final orders re rescission of judgment iro Rule 449 of the High Court Rules.Procedural Law-viz rules of court ...

HH154-10 : M CHANDAVENGERWA and T CHANDAVENGERWA vs W.M. MUTYANDA and MESSRS. ROBINSON & MAKONYERE
Ruled By: BHUNU J

23 June 2009 and 21 July 2010 Law of Contract-viz specific performance re specific performance ex contractu iro damages in lieu of specific performance.Procedural Law-viz prescription re ...

HH154-09 : PETHIAS CHITSUNGO vs D. MASUKU and RUWA LOCAL BOARD
Ruled By: MTSHIYA J

6 November and 2 December 2009 Procedural Law-viz payment into court re tender of payment.Law of Contract-viz specific performance re specific performance ex contractu.Law of Contract-viz ...

HH153-11 : MICHAEL TAREMBA (in his capacity as Executor in the Estate of the late Joseph Patrick Taremba) vs NYADA PHIRI
Ruled By: CHITAKUNYE J

2 March and 28 July 2011 Procedural Law-viz citation re party acting in an official capacity.Law of Property-viz proof of title re immovable property iro registered ...

HH153-10 : ACHIBOLD NDIDZANO vs PAULINE GONDORA and HOPEMORE ARUFANDIKA and HARDWORK MUTYENYOKA and SIX OTHERS
Ruled By: HUNGWE J

29 May and 24 September 2008 and 14 July 2010 Procedural Law-viz principle of finality to litigation.Procedural Law-viz directions from the court.Procedural Law-viz rules of evidence re candidness with the ...

HH152-15 : IN RE: THE NATIONAL PROSECUTING AUTHORITY (APPLYING WITHOUT NOTICE (EXPARTE) vs x
Ruled By: MANGOTA J

11 and 16 February 2015 Procedural Law-viz urgent chamber application.Procedural Law-viz ex parte application.Procedural Law-viz proceedings without notice.Procedural Law-viz provisional order re interim interdict overriding ...

HH152-14 : RESERVE BANK OF ZIMBABWE vs PRIVILEDGE MATURURE
Ruled By: MATHONSI J

20 March 2014 and 2 April 2014 Labour Law-viz contract of employment re retention of company property.Labour Law-viz employment contract re retention of employment benefits.Law of Property-viz ...

HH152-11 : CHENESAI RATEIWA vs TSITSI SHAME VENGE
Ruled By: BERE J

6 and 13 July 2011 Damages-viz delictual damages re adultery damages.Procedural Law-viz default judgment re failure to file opposing papers.Law of Delict-viz adultery.

HH152-10 : MARATHON GROUP OF COMPANIES T/A HARRISON AND HUGHSON (PVT) LTD vs ALSTOM ZIMBABWE (PVT) LTD and MESSENGER OF COURT, HARARE
Ruled By: MUTEMA J

8 July 2010 Procedural Law-viz urgent chamber application re stay of execution iro eviction proceedings.Procedural Law-viz urgent application re interim interdict pendente lite.Law ...

HH152-09 : PATRONELLA CHARUMBIRA In her capacity as the executrix dative of the estate of the late Adben Benjamin vs HUDSON MUSASA and REGISTRAR OF DEEDS and ASSISTANT MASTER
Ruled By: MUSAKWA J

9 July and 26 November 2009 Default Judgment-viz application for rescission of judgment.Default Judgment-viz rescission of judgment re non-wilful default.Law of Property-viz double sale re default ...

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