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Civil Cases

Appealed
HH151-16 : SHORAI NZARA and ARROLA IDEHEN and AMOSOGE IDEHEN and OSARETIN IDEHEN and vs CECILIAH KASHUMBA N.O. and REGISTRAR OF DEEDS and MASTER OF THE HIGH COURT and TAFIRENYIKA KAMBARAMI
Ruled By: MAFUSIRE J

22 January 2016; 10 and 24 February 2016 Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz founding affidavit re multiple litigants iro affidavit of collegiality.Procedural ...

HH151-15 : CMED (PRIVATE) LIMITED vs KENNETH MAPHOSA and SHERIFF OF ZIMBABWE N.O. and ZIMBABWE REVENUE AUTHORITY
Ruled By: CHIGUMBA J

2 December 2014, 5 December 2014 and 18 February 2015 Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz urgent chamber application re stay of execution.Legal Practitioners-viz right ...

HH151-10 : FRADRECK MUTAMBIRWA vs SHARON M. MUTAMBIRWA (NEE SHITO)
Ruled By: CHITAKUNYE J

1 September 2009 and 22 July 2010 Family Law-viz decree of divorce.Family Law-viz division of the assets of the spouses re immovable property.Law of Property-viz proof of ...

HH150-15 : SHINGIRAI PHILIP KATSANDE vs ANGELINE KATSANDE (nee NYAHWEMA)
Ruled By: CHITAKUNYE J

19 February 2015 Family Law-viz decree of divorce re irretrievable breakdown of the marriage relationship.Family Law-viz maintenance re section 7(1) of the Matrimonial ...

HH150-14 : KENNEDY MANGENJE and TBIC INVESTMENTS PL and PAUL CHIDAWANYIKA vs TBIC INVESTMENTS PL and PAUL CHIDAWANYIKA and KENNEDY MANGENJE
Ruled By: MAFUSIRE J

24 September 2014 Procedural Law-viz judicial directives re Rule 15(9) of the Supreme Court Rules.Procedural Law-viz rules of court re Supreme Court ...

Appealed
HH150-12 : CLETUS CHUKWUKA ANUEYIANGU vs CHIEF IMMIGRATION OFFICER and THE CO-MINISTERS OF HOME AFFAIRS and THE ATTORNEY GENERAL OF ZIMBABWE
Ruled By: MAVANGIRA J

21 February 2012 Procedural Law-viz urgent chamber application.Procedural Law-viz urgent chamber application re urgency iro liberty of an individual.Procedural Law-viz provisional order re ...

HH150-11 : ECONET WIRELESS (PRIVATE) LIMITED vs RENAISSANCE FINANCIAL HOLDINGS LIMITED and REGGIE SARUCHERA (in his Capacity as the Curator of RENNAISSANCE MERCHANT BANK LIMITED)
Ruled By: MAVANGIRA J

22 and 24 June and 15 July 2011 Procedural Law-viz urgent chamber application.Law of Property-viz judicial caveat.Procedural Law-viz citation re joinder.Procedural Law-viz citation re party acting in an ...

HH150-10 : STRAUSS LOGISTICS LIMITED (UK) vs BP & SHELL MARKETING SERVICES (PRIVATE) LIMITED and SHELL ZIMBABWE (PRIVATE) LIMITED and BP ZIMBABWE (PRIVATE) LIMITED
Ruled By: PATEL J

5 and 13 July 2010 Procedural Law-viz civil proceedings instituted by peregrinus.Procedural Law-viz civil proceedings instituted by non-residents.Procedural Law-viz urgent chamber application re irreversible prejudice.Company ...

HH150-09 : SOUTHBAY REAL ESTATE (PVT) LTD vs SOUTHBAY PROPERTIES (PVT) LTD and G RATISSO and CHIEF REGISTRAR OF COMPANIES
Ruled By: MAKARAU JP

3 and 9 September and 25 November 2009 Competition Law-viz unfair trade competition re passing off.Company Law-viz name protection.Procedural Law-viz rules of evidence re documentary evidence.Procedural Law-viz cause ...

HH15-15 : HONEYCOMB HILL (PRIVATE) LIMITED vs HERENTALS COLLEGE (PRIVATE) LIMITED
Ruled By: NDEWERE J

4 November 2014 and 14 January 2015 Law of Contract-viz essential elements re intention.Law of Contract-viz essential elements re animus contrahendi.Procedural Law-viz rules of evidence re documentary ...

HH15-11 : JAMES KAMBADZA vs ANNA MTETWA
Ruled By: CHATUKUTA J

2 September 2010 and 12 January 2011 Procedural Law-viz default judgment.Procedural Law-viz default judgment re rescission of judgment.Procedural Law-viz rescission of judgment re Rule 63.Procedural Law-viz rules ...

HH15-09 : GRISON MUWIDZI vs OPTIMACK INVESTMENTS (PVT) LTD and REGISTRAR OF DEEDS
Ruled By: UCHENA J

27 November 2008 and 25 February 2009 Law of Contract-viz purchase and sale re purchase price iro payment terms.Banking Law-viz payment systems re RTGS payments.Procedural Law-viz rules ...

HH15-08 : HOMEPLUS INVESTMENTS (PVT) LTD vs KANTHARIA INSURANCE BROKERS (PVT) LTD and GLOBAL INSURANCE COMPANY
Ruled By: CHITAKUNYE J

5 March 2008 Insurance Law-viz insurance claim.Procedural Law-viz pleadings re amendment of pleadings iro amendment of claim.Procedural Law-viz pleadings re amendment to pleadings ...

HH149-16 : ZIMASCO (PRIVATE) LIMITED vs THE COMMISSIONER GENERAL OF THE ZIMBABWE REVENUE AUTHORITY
Ruled By: HLATSHWAYO J

21 July 2009, 23 January 2015 and 23 February 2016 Procedural Law-viz appeal re fiscal appeal.Procedural Law-viz appeal re tax appeal.Tax Law-viz withholding tax re non-resident's tax on fees.Procedural Law-viz ...

HH149-10 : FOOLPROOF ENTERPRISES (PRIVATE) LIMITED vs SURFACE INVESTMENTS (PRIVATE) LIMITED
Ruled By: KUDYA J

1 and 14 July 2010 Law of Contract-viz debt re services rendered.Law of Contract-viz representations re patent defects iro coal.Law of Contract-viz specific performance re ...

HH148-15 : JUDITH NYOKA vs NYAMWEDA BUS SERVICE and ZIMNAT LION INSURANCE
Ruled By: MUSAKWA J

9 April 2014 and 18 February 2015 Procedural Law-viz default judgment.Damages-viz delictual damages re bodily injury iro road traffic accident.Procedural Law-viz pleadings re striking out of pleadings ...

HH148-11 : HUDSON JOSTINO ZHANDA and IRENE ZHANDA vs T.J GREAVES (PVT) LTD and T.J. GREAVES and THE HON. HERBERT MURERWA N.O.
Ruled By: BHUNU J

5 July 2011 and 6 July 2011 Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz urgent chamber application.Land Acquisition-viz offer letter re authority to ...

HH148-10 : ZIMASCO (PVT) LIMITED vs FARAI MARIKANO
Ruled By: MTSHIYA J

11 March 2010 and 21 July 2010 Law of Property-viz vindicatory action re claim of right.Law of Property-viz rei vindicatio re claim of right.Labour Law-viz contract of ...

HH148-09 : BOK ESTATES (PRIVATE) LIMITED vs HUBERT MASARA AND MR MASARA AND MR MAKANDA AND MINISTER OF STATE FOR NATIONAL SECURITY, LANDS, LAND REFORM AND SETTLEMENT
Ruled By: BERE J

5 December 2008 Procedural Law-viz urgency re averments made in the certificate of urgency.Procedural Law-viz urgency re averments made in the founding affidavit.Procedural ...

HH147-16 : TATENDA MANDUNA vs ALLIANCE INSURANCE (PVT) LTD
Ruled By: MUSHORE J

26 October 2015 and 24 February 2016 Procedural Law-viz cause of action re special plea iro jurisdiction.Law of Contract-viz dispute resolution re arbitration provisions.Insurance Law-viz insurance cover ...

HH147-15 : TENDAI MANGWIRO vs CO-MINISTERS OF HOME AFFAIRS and COMMISSIONER-GENRAL OF POLICE and OFFICER IN CHARGE CID SUSPECTS HARARE CENTRAL POLICE and DETECTIVE INSPECTOR MUKAMBI
Ruled By: MUSAKWA J

9 April 2014 and 18 February 2015 Procedural Law-viz default judgment re unopposed proceedings.Procedural Law-viz rules of evidence re search and seizure iro claim for the return ...

HH147-11 : FANUEL MWAYERA vs MOLLY CHIVIZHE and STANLEY CHIVIZHE and THE REGISTRAR OF DEEDS and GILBERT JONGA
Ruled By: CHITAKUNYE J

13 and 15 October 2009; 21 September 2010; and 13 July 2011 Procedural Law-viz automatic bar re failure to file heads of argument timeously.Law of Contract-viz specific performance re specific performance ex ...

HH147-10 : LAWRENCE SHUMBAYAONDA vs MADHATTER MINING (PRIVATE) LIMITED
Ruled By: HUNGWE J

21 July 2010 Labour Law-viz employment contract re terminal benefits.Labour Law-viz contract of employment re termination.Procedural Law-viz counterclaim.Law of Contract-viz debt re loan.Labour ...

HH146-11 : LEO ELECTRICAL (PRIVATE) LIMITED vs ROSEMARY NYAHUYE N.O. [in her capacity as Executrix dative of the Estate of the late Farai Benjamin Njiwah]
Ruled By: CHITAKUNYE J

June 20, 2011 and July 14, 2011 Procedural Law-viz citation re party acting in an official capacity.Law of Property-viz proof of title re immovable property iro registered ...

HH146-10 : THE GOSPEL OF GOD CHURCH INTERNATIONAL 1932 vs SIMBARASHE MUKAMBIRWA and MARKO NCUBE and MUSARURWA HOMBARUME and OTHERS
Ruled By: BHUNU J

16 November 2009 and 14 July 2010 Canon Law-viz factionalism.Procedural Law-viz default judgment.Procedural Law-viz declaratory order.Procedural Law-viz declaratur.Procedural Law-viz provisional order re stay of execution.Procedural Law-viz interim ...

HH146-09 : ELLIOT MUTANGADURA vs T.S. TIMBER BUILDING SUPPLIES
Ruled By: PATEL J

16 and 19 June and 24 November 2009 Law of Contract-viz specific performance re specific performance ex contractu.Law of Contract-viz specific performance re specific performance ex contractu iro ...

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HH145-17 : GERTRUDE MUTASA and DIDYMUS MUTASA vs NYAKUTOMBWA & MUGABE LEGAL COUNSEL and SHERIFF OF THE HIGH COURT
Ruled By: TSANGA J

21 February and 2 March 2017 Procedural Law-viz urgent chamber application re stay of execution.Procedural Law-viz enforcement of judicial order re judicial attachment of property.Procedural Law-viz ...

HH145-10 : TENDAI MUCHENJE vs G. AND M. PANEL BEATERS t/a SUPREME PANEL BEATERS & SPRAY PAINTERS
Ruled By: CHITAKUNYE J

29, 30 July 2009 and 21 July 2010 Law of Delict-viz vicarious liability re road traffic accident.Procedural Law-viz rules of evidence re admissions.Law of Delict-viz economic loss re ...

HH145-09 : TAKAVADA MAPFUMO vs PREMIER SERVICE MEDICAL INVESTMENTS (PVT) LTD AND DEPUTY SHERIFF AND RANGANAYI CHARLES MUBVUMBI
Ruled By: UCHENA J

9 June 2009 and 25 November 2009 Labour Law-viz employment contract re employee benefits iro voluntary motor vehicle scheme.Law of Contract-viz essential elements re consensus ad idem ...

HH144-15 : SMM HOLDINGS (PRIVATE) LIMITED vs DOROTHY MAPIMHIDZE and JONASON MURAPA and JONASON MURAPA and MILCA CHIUTSA and VINCENT NDLOVU and JOLINE MABURUKWA and LOVENESS MUTERO and OTHERS
Ruled By: ZHOU J

5 June 2014 Procedural Law-viz final order re confirmation of interim interdict.Procedural Law-viz final orders re discharge of provisional order.Procedural Law-viz final orders ...

HH144-10 : ARTUR FERNANDO PEREIRA DIAS vs DAWID JOHANNES ERASMUS and ZHAOSHENG WU and YAN YU and ERASMUS ACCOUNTING & EXECUTOR SERVICES (PVT) LTD and OTHERS
Ruled By: GOWORA J

2010 Company Law-viz shareholding.Company Law-viz directorship.Agency Law-viz consumation of a contract.Law of Contract-viz variation of a contract.Law of Contract-viz variation of ...

HH144-09 : NEGOWAC SERVICES (PRIVATE) LIMITED vs 3D HOLDINGS (PRIVATE) LIMITED AND GIFTCARE ELECTRICAL (PVT) LTD t/a REG ELECTRICAL WHOLESALERS
Ruled By: MTSHIYA J

13 October & 25 November 2009 Procedural Law-viz consent paper re consolidation of cases.Law of Property-viz lease agreement re breach of contract.Law of Property-viz lease agreement ...

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HH143-09 : KATHLEEN ENID THORNTON vs DARREN STEWART THORNTON
Ruled By: MAVANGIRA J

11 June and 26 November 2009 Family Law-viz minors re maintenance iro step-children.Family Law-viz minors re maintenance iro variation of maintenance order.Procedural Law-viz final order re ...

HH142-15 : PASTOR DAVIAS MBURUMA vs UNITED APOSTOLIC FAITH CHURCH (UAFC) and THE SHERIFF OF ZIMBABWE
Ruled By: MATHONSI J

10 February 2015 Procedural Law-viz urgent chamber application re stay of execution iro judicial eviction.Procedural Law-viz urgent application re interim interdict pendente lite.Procedural ...

HH142-09 : JOVITA SANYANGOWE vs ELVIS CHALIMBA
Ruled By: MUSAKWA J

16, 17 July and 19 November 2009 Family Law-viz guardianship re minors iro children born out of wedlock.Family Law-viz custody re minors iro interim custody.Family Law-viz custody ...

HH141-15 : GOODWELL CHIPURIRO vs CITY OF HARARE
Ruled By: UCHENA J

2 and 4 February 2015 Procedural Law-viz urgent chamber application re urgency iro certificate of urgency.Local Authorities-viz impounding re vehicle impounding.Procedural Law-viz urgent application re ...

HH141-12 : JG CONSTRUCTION vs GRAEME CHADWICK AND DEPUTY SHERIFF
Ruled By: BERE J

21 and 26 March 2012 Procedural Law-viz appeals re jurisdiction iro granting of condonation in respect of a defective appeal.Procedural Law-viz urgent application re stay ...

HH141-10 : GMD FOOD CATERING (PRIVATE) LIMITED vs DESMOND MORRIS and THE DEPUTY SHERIFF FOR ZIMBABWE
Ruled By: HUNGWE J

28 May and 24 June 2009 Procedural Law-viz sale in execution.Procedural Law-viz sale in execution re Writ of Execution against property.Law of Contract-viz commercial arbitration.Procedural Law-viz ...

HH141-09 : OLIVER CHIBAGE vs KUDZAI SIBUSISO NDAWANA
Ruled By: MAKARAU JP

10 and 11 June, 14 July, 14 and 15 September and 18 November 2009 Law of Delict-viz negligence re liability iro professional negligence.Procedural Law-viz rules of evidence re expert evidence.Procedural Law-viz rules of evidence ...

HH140-15 : CHIEF SUPERINTENDENT MOYO and PROSECUTOR GENERAL vs OMEGA CHATYOKA
Ruled By: MTSHIYA J

19 January 2015 and 11 February 2015 Procedural Law-viz default judgment re rescission of default judgment.Procedural Law-viz citation.Procedural Law-viz affidavits re founding affidavit iro the principle that ...

HH140-13 : TELONE (PRIVATE) LIMITED vs EDWIN MATINYARARE
Ruled By: MAKONI J

2 February 2012 and 8 May 2013 Procedural Law-viz lis alibi pendens.Procedural Law-viz pending litigation.Labour Law-viz employment contract re retention of company property.Labour Law-viz contract of employment ...

HH140-11 : 59 BENEFICIARIES OF VALLEY LANE HOUSING SCHEME vs HARARE MUNICIPAL WORKERS UNION and CITY OF HARARE and OTHERS
Ruled By: MTSHIYA J

5 January, 8 March and 13 July 2011 Procedural Law-viz affidavits re founding affidavit iro deponent.Local Authorities-viz title to land re powers of local authority to retake possession.Procedural ...

HH140-09 : CRUISER BOND (PRIVATE) LIMITED vs ZIMBABWE REVENUE AUTHORITY
Ruled By: UCHENA J

19 February, 29 July and 18 November 2009 Tax Law-viz imports re bonded warehouses iro value added tax.Tax Law-viz importation re bonded warehousing iro customs duty.Tax Law-viz importation ...

HH14-15 : ELECTROFORCE WHOLESALERS (PVT) LTD and CHAMUNORWA MAWUNGANIDZE vs FBC BANK LIMITED
Ruled By: MAKONI J

24 July 2014 Procedural Law-viz judicial sale in execution re suspension of judicial sale in execution iro Rule 348 of the High Court ...

HH14-14 : CONTINENTAL OUTDOOR MEDIA (PVT) LIMITED vs WESTVILLE INVESTMENTS (PVT) LIMITED T/A OMNI AFRICA
Ruled By: TAKUVA J

22 July 2013 and 5 February 2014 Procedural Law-viz summary judgment re debt iro services rendered.Law of Contract-viz contract of hire.Law of Contract-viz penalty provision re breach ...

HH14-13 : JOHN SWAY MUGADZAHWETA vs AZVIRIBASI NENGOMASHA
Ruled By: HUNGWE J

14 September 2009 and 16 January 2013 Law of Contract-viz oral agreement.Law of Contract-viz verbal contract.Law of Contract-viz specific performance re specific performance ex contractu.Law of Contract-viz ...

HH14-12 : JOEL MATONGO vs FLORA MATONGO (NEE JOE)
Ruled By: CHITAKUNYE J

6 June 2011 and 26 January 2012 Family Law-viz decree of divorce re irretrievable breakdown of the marriage relationship.Procedural Law-viz pleadings re unchallenged pleadings.Procedural Law-viz pleadings re ...

HH14-10 : SOBUZA GULA-NDEBELE vs CHINEMBIRI ENERGY BHUNU N.O.
Ruled By: MAKARAU JP

12 November 2009 and 27 January 2010 Constitutional Law-viz constitutional appointments re Attorney General.Constitutional Law-viz removal of the Attorney General re tribunal iro section 110(5) of the ...

HH14-09 : TENDAI MUZA vs CHRISTINA MUWIRIMI and FATIMA MURWISI and MUNICIPALITY OF CHITUNGWIZA
Ruled By: MTSHIYA J

24 September 2008; 13 October 2008; 17 and 27 November 2008; and 18 February 2009 Procedural Law-viz declaratory order re consequential relief.Procedural Law-viz declaratur re consequential relief.Procedural Law-viz citation re substitution of a litigating party.Law ...

HH14-08 : MOUNT LOTHIAN ESTATE (PVT) LTD vs COLONEL GODFREY MUTEMACHANI & 2 OTHERS
Ruled By: BHUNU J

4 September 2007, 5 September, 2007, 6 September, 2007 and 27 February 2008 Land Acquisition-viz legality.Law of Contract-viz essential elements re sanctity of contract iro lawful agreement.Procedural Law-viz statement of agreed facts.Law of ...

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