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Civil Cases

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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HH139-18 : MARIA SITHOLE vs MATHIAS SITHOLE and CECK ENTERPRISES PL and B.R.M HOVE and PETER DZIMBA and MANNERS JARAVAZA and PARDON CHAKANYUKA and REGISTRAR OF DEEDS
Ruled By: DUBE J

16 February 2018 and 14 March 2018 Law of Property-viz proof of title in immovable property re registered rights iro cancellation of registered rights.Procedural Law-viz final orders ...

HH139-15 : MANLINE FREIGHT (PTY) LTD vs PETER KANENGONI and OTHERS
Ruled By: MAFUSIRE J

31 January 2015 and 11 February 2015 Procedural Law-viz urgent chamber application.Labour Law-viz collective job action re section 106 of the Labour Act [Chapter 28:01].Procedural Law-viz jurisdiction ...

HH139-10 : COLLIN JIMU vs LIFESAVER INVESTMENTS (PRIVATE) LIMITED and DEPUTY SHERIFF
Ruled By: HUNGWE J

14 July 2010 Procedural Law-viz rescission of judgment.Procedural Law-viz default judgment re failure to attend hearing.Law of Property-viz lease agreement re eviction.Law of ...

HH138-15 : GOLD DRIVEN INVESTMENTS vs WILLEMSE FARMING ENTERPRISES (PVT) LTD and FREDRICK CHRISTIAN MULLER
Ruled By: MATHONSI J

22 January 2015 and 11 February 2015 Procedural Law-viz final orders re setting aside of an arbitral award iro Article 34 of the Uncitral Model Law, a ...

HH138-12 : BERTHA KAKONO vs HERBERT KAKONO
Ruled By: CHITAKUNYE J and MAWADZE J

22 June 2011 & 29 March 2011 Family Law-viz maintenance re variation of maintenance order.Procedural Law-viz appeals re ground of appeal iro failure by magistrate to give ...

HH138-11 : DAVID MUYAMBO vs JOHN NGOMAIKARIRA and RICHARD MASHAMBA and RAY MAVHEYA and ROGER WHITTAL and COMMISSIONER-GENERAL OF POLICE and MINISTER OF HOME AFFAIRS
Ruled By: PATEL J

11 to 12 January 2011 and 7 July 2011 Law of Delict-viz malicious arrest.Law of Delict-viz malicious detention.Damages-viz malicious arrest.Procedural Law-viz automatic bar re failure to enter appearance to ...

HH138-10 : ISHMAEL PHIRI vs FBC BANK LIMITED and DEPUTY SHERIFF OF ZIMBABWE
Ruled By: MUSAKWA J

5 and 6 July 2010 Procedural Law-viz stay of execution.Procedural Law-viz consent order.Procedural Law-viz costs re taxation of costs.Procedural Law-viz rules of evidence re documentary ...

Appealed
HH137-19 : STANLEY NHARI vs ROBERT MUGABE and DR GRACE MUGABE and GUSHUNGO DAIRY HOLDINGS (PVT) LTD
Ruled By: CHIKOWERO J

13 February 2019 and 20 February 2019 Procedural Law-viz cause of action re special plea in bar iro jurisdiction.Law of Contract-viz oral agreement.Law of Contract-viz verbal contract.Labour ...

HH137-15 : OLIVER CHIDAWU and DANOCT INV and DANNOV INV and BROADWAY INV vs JAYESH SHAH and TN ASSET MANAGEMENT and PELHAMS LTD and ORS
Ruled By: MATHONSI J

27 January 2015 and 11 February 2015 Law of Contract-viz debt re debt security iro shares.Law of Contract-viz debt re debt security iro deed of suretyship.Law of ...

HH137-11 : MARTHA MUHWATI vs YEUKAI PURITY NYAMA
Ruled By: MAWADZE J

30 June 2011 Procedural Law-viz default judgment.Delict Law-viz adultery.Damages-viz delictual damages re adultery damages.Procedural Law-viz cause of action re framing of draft orders ...

HH136-15 : LEWIS NDHLOVU and CHIPO NDHLOVU vs SUSAN HARUPERI
Ruled By: MATHONSI J

27 January 2014 and 11 February 2015 Procedural Law-viz summary judgment re eviction.Law of Contract-viz debt re acceptance of liability iro summary judgment proceedings.Procedural Law-viz summary judgment ...

HH136-10 : LOCAL AUTHORITIES PENSION FUND (PVT LTD vs MOONLIGHT PROVIDENT ASSOCIATES (PVT) LTD
Ruled By: HUNGWE J

1 June & 14 July 2010 Law of Property-viz lease agreement re summary judgment.Law of Property-viz agreement of lease re summary judgment.Procedural Law-viz rules of evidence ...

HH136-09 : GIBSON CHAMBOKO AND MR CHAMBOKO SNR AND CHANCE THOMAS RWODZI vs PATRICK JOHN STOOKS AND P J STOOKS (PRIVATE LIMITED)
Ruled By: MAKONI J

3 September and 11 November 2009 Procedural Law-viz final order re correction of order iro correction of omission.Procedural Law-viz contempt of court re final order iro ...

HH135-16 : FRANCIS NYADINDU and SHILLAH NYADINDU vs BARCLAYS BANK OF ZIMBABWE LTD and SHERIFF OF THE HIGH COURT (N.O.) and REGISTRAR OF DEEDS (N.O.) and SOLID REAL ESTATE
Ruled By: DUBE J

28 January 2016 and 17 February 2016 Procedural Law-viz citation re party acting in an official capacity iro nominus officiae.Procedural Law-viz judicial sale in execution re Rule ...

HH135-15 : D BANK LTD vs ZIMBABWE REVENUE AUTHORITY
Ruled By: KUDYA J

1 and 3 September 2014 and 11 February 2015 Tax Law-viz tax deductions re computer software under a licencing agreement.Procedural Law-viz rules of evidence re documentary evidence.Procedural Law-viz rules ...

HH135-10 : TREVOR GIFFORD vs I. MUGOMBA and MUYESU and RONALD MUCHENGA and COMMISSIONER GENERAL OF POLICE
Ruled By: CHIWESHE JP

30 June 2010 Law of Property-viz spoliation order.Law of Property-viz mandament van spolie.Procedural Law-viz default judgment re failure to attend court.Procedural Law-viz automatic ...

HH135-09 : SIMBARASHE ANTONIO and KINGSTONE MUJATI and ASHANTI GOLDFIELDS ZIMBABWE LIMITED vs ASHANTI GOLDFIELDS ZIMBABWE LIMITED and REGISTRAR OF DEEDS and KWADZANAYI BONDE
Ruled By: MAKARAU JP

16, 17 and 23 June, 20 July and 18 November 2009 Procedural Law-viz consolidation of matters.Law of Property-viz lease agreement re lease to buy agreement.Law of Property-viz agreement of lease re ...

HH134-15 : SHEM CHIVHUMBA MLAMBO vs ISAAC MUTAMBI PHIRI CHIKATA
Ruled By: ZHOU J

11 February 2015 Procedural Law-viz default judgment re Rule 57 of the High Court Rules.Procedural Law-viz rules of court re High Court Rules ...

HH134-12 : EVANGELIST SANDE (nee NYAMANGUNDA) vs TAKAWIRA KIZITO SANDE
Ruled By: CHITAKUNYE J

15 September 2011 and 29 March 2012 Family Law-viz decree of divorce re irretrievable breakdown of the marriage relationship.Family Law-viz decree of divorce re irretrievable breakdown of ...

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