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Civil Cases

HH113-11 : ALSHAMS BUILDING MATERIAL t/a LLC (a company incorporated in the United Arab Emirates) vs TAPERA NYEMBA and CHRISTOPHER GOROMONZI and JOSPHAT SACHIKONYE
Ruled By: KUDYA J

27, 28 and 29 October, 11, 12 and 22 November 2010 and 1 June 2011 Law of Contract-viz debt re contractual debt.Law of Contract-viz debt re debt security iro Deed of Suretyship.Banking Law-viz exchange control ...

HH113-10 : KUDZANAYI KATSANDE vs RAZMOND KATSANDE (as executor Estate Norman Katsande) and WILFRED MAGWAZA and MASTER OF THE HIGH COURT N.O and CHITUNGWIZA MUNICIPALITY
Ruled By: CHITAKUNYE J

13 October 2009 and 1 July 2010 Procedural Law-viz citation re party acting in an official capacity iro nominee officii.Procedural Law-viz citation re party acting in an ...

HH113-09 : DIDYMUS MUTASA vs NGONI NDUNA N.O. and ATTORNEY-GENERAL and COMMISSIONER-GENERAL OF POLICE and ROBERT MCKERSIE
Ruled By: PATEL J

15 and 27 October 2009 Procedural Law-viz citation re party acting in an official capacity iro nominus officiae.Procedural Law-viz urgent application re interim interdict pendente ...

View Appeal
HH113-06 : JOSHUA KADENGU and LAMECK KADENGU and ROSA KADENGU vs OLGA KADENGU (In her personal capacity and as guardian of her two minor children) and RICHARD CHIMBARU and MASTER OF THE HIGH COURT
Ruled By: KUDYA J

13 July and 1 November 2006 Procedural Law-viz cause of action re proceedings involving minors.Estate Law-viz rights of beneficiaries re testate succession iro variation of the ...

HH112-13 : EFROLOU [PVT] LTD and EMILY LUWACA vs MRS MURINGANI and EFROLOU [PVT] LTD and REGISTRAR OF DEEDS, BULAWAYO and THE MESSENGER OF COURT, KWEKWE
Ruled By: MAFUSIRE J

10 April 2013 Procedural Law-viz pleadings re amendment to pleadings.Law of Property-viz vindicatory action re eviction iro claim of right.Law of Property-viz rei ...

HH112-12 : ASTRA STEEL & ENGINEERING SUPPLIES (PVT) LTD vs P M MANUFACTURING (PVT) LTD
Ruled By: MUTEMA J

1 and 2 December 2011 and 14 March 2012 Procedural Law-viz absolution from the instance re claim for specific performance.Law of Contract-viz specific performance re specific performance ex contractu.Law ...

HH112-11 : VALERIE MAKONI vs WILFORD MAKONI
Ruled By: CHITAKUNYE J

13-14 September 2010 and 2 June 2011 Family Law-viz decree of divorce re civil marriage.Family Law-viz decree of divorce re civil marriage iro irretrievable breakdown of the ...

HH112-10 : CENTRAL AFRICAN BUILDING CONSTRUCTION COMPANY (PVT) LIMITED vs CONSTRUCTION RESOURCES AFRICA (PVT) LIMITED
Ruled By: GOWORA J

14 and 30 June 2010 Law of Property-viz vindicatory action re eviction.Law of Property-viz rei vindicatio re ejectment from immovable property.Procedural Law-viz pre trial conference ...

HH112-09 : DR. J L MAVURUDZA AND MRS MAVURUDZA vs MEIDLER POOLS AND CONSTRUCTION (PRIVATE) LIMITED
Ruled By: BHUNU J

4 November 2009 Purchase and Sale-viz quotation.Procedural Law-viz rules of evidence re admissions iro common cause.Law of Contract-viz contractual warrantees iro swimming pool.Law ...

HH111-12 : DARLINGTON SIREWU vs WAYNE (GALLOP) SWALES AND ANOTHER
Ruled By: CHIWESHE JP

21 & 26 September 2011 Land Acquisition-viz offer letter iro rights to occupation of gazetted land.Procedural Law-viz urgent application re certificate of urgency iro pro ...

HH111-11 : TOBACCO SALES FLOOR LIMITED vs SWIFT DEBT COLLECTORS (PVT) LTD t/a RUBY AUCTIONS
Ruled By: GOWORA J

22 March and May 2011 Law of Property-viz lease agreement.Law of Property-viz agreement of lease.Law of Property-viz lease agreement re renewal iro express renewal.Law of ...

HH111-09 : ELLEN SIMON vs FUNDA SAIMON
Ruled By: KUDYA J

29 July, 15, 16 and 22 September and 28 October 2009 Law of Property-viz vindicatory action re claim of right.Law of Property-viz rei vindicatio re claim of right.Procedural Law-viz pleadings re ...

HH111-08 : RAILWAY ARTISANS UNION and RAILWAY ASSOCIATION OF YARD OPERATING STAFF and ANOR vs RAILMED and NATIONAL RAILWAYS OF ZIMBABWE and RAILWAYS EMPLOYMENT COUNCIL
Ruled By: GOWORA J

29 January 2008 Procedural Law-viz interim interdict re provisional relief expressed in similar terms to the final order sought.Procedural Law-viz provisional order re ...

HH110-13 : THE PRESIDENT OF THE REPUBLIC OF ZIMBABWE vs ABEDINICO BHEBHE and NJABULISO MGUNI and NORMAN MPOFU
Ruled By: CHIWESHE JP

28 March 2013, 3 April 2013, 5 April 2013 and 8 April 2013 Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz consolidation of matters.Procedural Law-viz citation re joinder.Procedural Law-viz urgent ...

HH110-09 : DRAGANA DJORDJEVIC vs CHAIRMAN OF THE PRACTICE CONTROL COMMITTEE OF THE MEDICAL AND DENTAL PRACTITIONERS COUNCIL and REGISTRAR OF THE MEDICAL AND DENTAL PRACTITIONERS COUNCIL
Ruled By: MAKONI J

25 March 2009 and 28 September 2009 Procedural Law-viz declaratory order re consequential relief.Procedural Law-viz declaratur re consequential relief.Administrative Law-viz the exercise of administrative discretion.Medical and Dental ...

HH11-15 : RM MINING AND INDUSTRIAL ZIMBABWE (PRIVATE) LIMITED vs STANBIC BANK ZIMBABWE LIMITED
Ruled By: MAFUSIRE J

6 and 8 January 2015 Procedural Law-viz costs re matter determined on a point of law raised by the court.Procedural Law-viz urgent chamber application.Procedural Law-viz ...

HH11-13 : FLORENCE SIGUDU vs MINISTER OF LANDS AND RURAL RESETTLEMENT N.O. and PHINEAS CHIHOTA
Ruled By: PATEL J

20 November 2012 and 22 January 2013 Procedural Law-viz declaratory order.Procedural Law-viz declaratur.Procedural Law-viz default judgment re failure to file notice of opposition.Procedural Law-viz automatic bar re ...

Appealed
HH11-12 : BRENNAN'S DIESEL SERVICES (PRIVATE) LIMITED vs TENDA BUS SERVICE (PRIVATE) LIMITED
Ruled By: KUDYA J

10 and 11 January 2012 Law of Contract-viz debt re contractual debt iro services rendered.Procedural Law-viz rules of evidence re evidence on behalf of a ...

HH11-10 : NABANE ROY TSHUMA vs TONGAI MUSEMBURI and TENDAI MUSEMBURI and MACKSON TOTSHANE NCUBE and THE REGISTRAR OF DEEDS
Ruled By: KARWI J

20 January 2010 Procedural Law-viz counterclaim re eviction.Procedural Law-viz claim in reconvention.Procedural Law-viz claim in reconvention re consolidation of matters.Procedural Law-viz consolidation of ...

HH11-09 : THE MASTER OF THE HIGH COURT vs SITHANDIZILE DHLAMINI MOYO (as executor dative of Estate Late Willas Moyo) and GERTRUDE MOYO and SITHEMBISO KUSODZA
Ruled By: GUVAVA J

23 January and 19 February 2009 Procedural Law-viz citation re party acting in an official capacity iro nominee officii.Procedural Law-viz citation re party acting in an ...

HH11-08 : ALBERT MUGOVE MATAPO vs COMMANDER OF THE ZIMBABWE NATIONAL ARMY AND THREE OTHERS
Ruled By: HUNGWE J

20 December 2007 & 20 February 2008 Procedural Law-viz urgency re likelihood of contravention of constitutional rights.Court Martial-viz contravention of constitutional rights re jurisdiction iro fair trial.Court ...

HH109-13 : HARARE AND DISTRICT HELLENIC COMMUNITY vs CREMION MAPFUMBA and ZIMBABWE ELECTRICITY AND TRANSMISSION AND DISTRIBUTION COMPANY and CITY OF HARARE
Ruled By: BERE J

7, 8 November 2012 and 27 March 2013 Law of Property-viz proof of title re immovable property.Procedural Law-viz rules of evidence re documentary evidence.Water Law-viz rights to water ...

Appealed
HH109-10 : MICHAEL PATRICK MORONEY vs VYVYAN JEAN MORONEY
Ruled By: MUSAKWA J

8, 9 and 10 June 2009 and 16 June 2010 Family Law-viz decree of divorce re irretrievable breakdown of the marriage relationship.Family Law-viz division of the assets of the spouses ...

HH109-09 : BERNARD VENGAYI vs DR GIDEON GONO AND BENJAMIN CHUMA AND NEW DONNINGTON FARM
Ruled By: BERE J

1 October 2009 Procedural Law-viz postponement of hearing re indulgence of the court.Procedural Law-viz postponement of trial re dilatory conduct of legal practitioner.Procedural ...

Appealed
HH108-12 : OLIVER CHIDAWU and BROADWAY INVESTMENTS and DANOCT INVESTMENTS and DANNOV INVESTMENTS vs JAYESH SHAH and TN ASSET MANAGEMENT and ISB SECURITIES and ZIMBABWE STOCK EXCHANGE and CORPSERVE
Ruled By: UCHENA J

15 and 18 November 2011 Procedural Law-viz urgent chamber application.Law of Contract-viz debt re debt security iro shares.Procedural Law-viz locus standi re party with an ...

View Appeal
HH108-11 : GIFT BOB SAMANYAU and THIRTY EIGHT OTHERS vs FLEXIMAIL (PRIVATE) LIMITED
Ruled By: MUTEMA J

4 November 2010 and 8 June 2011 Labour Law-viz damages in lieu of reinstatement.Procedural Law-viz rules of evidence re documentary evidence.Banking Law-viz legal tender re official trading ...

HH108-10 : INYANGA DOWNS ORCHARDS vs EDWARD BUWU
Ruled By: MUSAKWA J

4 and 11 June 2010 Procedural Law-viz cause of action.Procedural Law-viz citation re legal status of a litigant.Procedural Law-viz rules of court re High Court ...

HH108-09 : CHAIR RORE vs THE MINISTER OF DEFENCE
Ruled By: CHITAKUNYE J

20, 21 and 28 May 2009 and 4 November 2009 Procedural Law-viz citation re party acting in an official capacity.Law of Delict-viz liability re assault iro injuria.Law of Delict-viz liability ...

HH107-15 : FRANCIS KATSANDE vs JONATHAN SAMUKANGE and WELT HUINGER HILFE and THE SHERIFF OF ZIMBABWE
Ruled By: MAKONI J

22 and 28 January 2015 Procedural Law-viz appeal re the principle that the noting of an appeal automatically suspends the operation of the judgment appealed ...

HH107-13 : POWERSPEED ELECTRICAL LTD vs ENFIELD ZIMBABWE
Ruled By: DUBE J

31 October 2012 and 29 November 2012 Law of Contract-viz debt re contractual debt.Law of Contract-viz debt re contractual debt iro proof of claim.Procedural Law-viz rules of ...

HH107-10 : CHIROSWA MINERALS (PRIVATE) LIMITED and BASE MINERALS (PRIVATE) LIMITED vs MINISTER OF MINES and MORIS TENDAI NYAKUDYA and VAMBO MILLS (PRIVATE) LIMITED
Ruled By: BHUNU J

5 May 2009 and 21 May 2009 and 16 June 2010 Mining-viz mining claims re Tribute Agreement.Mining-viz mining claims re Tribute Agreement iro Tributor.Mining-viz mining claims re Tribute Agreement iro Grantor.Law ...

HH107-09 : JULIA NDEMERA AND COSMAS NDEMERA vs SIPHELILE MOYO AND TAFADZWA CHITATE AND THE DEPUTY SHERIFF N O
Ruled By: CHITAKUNYE J

28 October 2009 Property Law-viz vindicatory action re immovable property.Estate Law-viz sale of immovable property certificate of authority re rei vindicatio.Estate Law-viz ...

HH106-10 : COLLIN DUBE AND 129 OTHERS vs TUNGPAL INVESTMENTS (PVT) LTD and THE MESSENGER OF COURT, HARARE
Ruled By: BHUNU J

26th May and 16th June 2010 Procedural Law-viz urgent chamber application.Law of Contract-viz Deed of Settlement.Law of Property-viz eviction re breach of Deed of Settlement.Law of ...

HH106-09 : DELIWE CHINYEMBA vs CHRISTINA MAJAWALA
Ruled By: BERE J

28 and 30 September 2009 Damages-viz contumelia.Damages-viz contumelia re assault.Damages-viz assessment of damages re tangible evidence.Procedural Law-viz pleadings re summary of evidence iro consistency.Procedural Law-viz ...

HH105-10 : THE CHURCH OF THE PROVINCE OF CENTRAL AFRICA vs THE DIOCESAN TRUSTEES FOR THE DIOCESE OF HARARE
Ruled By: MAVANGIRA J

20, 21 and 31 May 2010 Procedural Law-viz urgent chamber application re urgency.Procedural Law-viz audi alteram partem rule re urgent chamber application iro arguing the urgency ...

HH105-09 : CAFCA LIMITED vs HIGH PEAK MARKETING (PVT) LIMITED
Ruled By: MTSHIYA J

15 September 2009 & 21 October 2009 Agency Law-viz distributorship agreement.Agency Law-viz sale of products.Property Law-viz lease re notice period for termination.Property Law-viz lease agreement inextricably linked ...

HH104-13 : BOKA INVESTMENTS (PRIVATE) LIMITED vs THIRDLINE TRADING (PRIVATE) LIMITED and ONCLASS INVESTMENTS (PRIVATE) LIMITED and MASTER OF THE HIGH COURT
Ruled By: PATEL J

5 March and 25 April 2013 Procedural Law-viz final orders re confirmation of a provisional order.Procedural Law-viz final orders re discharge of an interim interdict.Insolvency Law-viz ...

HH104-12 : EXPOSALES (PRIVATE) LIMITED vs POLY PACKAGING (PRIVATE) LIMITED
Ruled By: MUTEMA J

6 February 2012 Procedural Law-viz rescission of judgment re condonation for late application for rescission of judgment.

HH104-11 : NATIONAL FOODS LIMITED vs GODFREY NGWARU and LINOS CHINGONGA and CLOUD ZINGUNDE and DEPUTY SHERIFF HARARE N.O.
Ruled By: MTSHIYA J

17 May 2011 and 1 June 2011 Procedural Law-viz urgent chamber application.Procedural Law-viz urgent application re stay of execution.Procedural Law-viz final orders re arbitral award.Procedural Law-viz jurisdiction ...

HH104-09 : BSKY ENERGY (PVT) LTD vs MINISTER OF ENERGY AND POWER DEVELOPMENT and ANOTHER
Ruled By: BHUNU J

8 October 2009 Procedural Law-viz urgent chamber application.Energy Law-viz liquid fuels.Administrative Law-viz the exercise of administrative authority.Procedural Law-viz rules of evidence re evidence ...

HH103-15 : RICHARD MATTHEWS vs THE HONOURABLE MR JUSTICE A. EBRAHIM and UMESHKUMAR DWARKADAS KOTECHA and DHIRUBHAI MAGANLAL DESAI
Ruled By: ZHOU J

22 October 2013 and 11 February 2015 Procedural Law-viz final orders re setting aside of an arbitral award iro Article 34 of the Schedule to the Arbitration ...

HH103-13 : ERNEST JINGA vs DAVID SAUNYAMA and MOONWAVE PROPERTIES T/A MAPS ASSET MANAGEMENT, GUZHA T/SHIP, CHIKWANHA and CHITUNGWIZA MUNICIPALITY
Ruled By: MATHONSI J

4 April 2013 Law of Contract-viz specific performance re specific performance ex contractu.Procedural Law-viz rules of evidence re documentary evidence.Procedural Law-viz rules of ...

HH103-12 : ASHANTI GOLDFIELDS ZIMBABWE LIMITED T/A FREDA REBECCA MINE vs TATENDA TAKAVADA
Ruled By: MUTEMA J

6 February, 2012 Procedural Law-viz summary judgment re bona fide defence iro unconditional leave to defend.

HH103-11 : FIRST MUTUAL LIFE ASSURANCE SOCIETY OF ZIMBABWE vs BUSINESS ASSOCIATES (PRIVATE) LIMITED and FRANCIS HALE and SHINGAI J. MTEZO
Ruled By: MTSHIYA J

8 March 2011 and 1 June 2011 Law of Property-viz statutory tenant re tacit relocation iro express renewal.Law of Contract-viz debt re debt security iro surety and ...

HH103-09 : U-TOW TRAILERS (PRIVATE) LTD vs CITY OF HARARE and SUPERLUX (PRIVATE) LIMITED
Ruled By: MAKARAU JP

30 June, 13 July and 21 October 2009 Law of Property-viz lease agreement with a local authority.Law of Property-viz agreement of lease with a local authority.Law of Property-viz ...

HH102-15 : ZIMBABWE ELECTRICITY TRANSMISSION AND DISTRIBUTION COMPANY (PVT) LTD vs BINDURA RURAL DISTRICT COUNCIL and FIFTY NINE OTHERS
Ruled By: DUBE J

3 October 2014; 4 January 2015 Procedural Law-viz declaratory order.Procedural Law-viz declaratur.Procedural Law-viz consolidation of matters re Rule 85 of the High Court Rules.Procedural Law-viz joinder ...

HH102-13 : JOSEPH TAPERA AND 17 OTHERS vs FIELD SPARK INVESTMENTS (PVT) LTD
Ruled By: MATHONSI J

4 April 2013 Labour Law-viz labour arbitration re registration of arbitral award.Procedural Law-viz pending litigation.Procedural Law-viz lis alibi pendens.Labour Law-viz labour arbitration re ...

HH102-12 : GRAEME CHADWICK vs JG CONSTRUCTION
Ruled By: MATHONSI J

2 February 2012 and 29 February 2012 Procedural Law-viz summary judgment re debt.Law of Contract-viz debt re contractual debt iro acknowledgement of debt.Law of Contract-viz debt re ...

HH102-11 : KAREN TUMAZOS vs TRAVEL CONECTIONS (PRIVATE) LIMITED and STEWART CRANSWICK
Ruled By: MTSHIYA J

3 March 2011 and 1 June 2011 Law of Contract-viz essential elements re consensus ad idem.Procedural Law-viz locus standi re deponent to the founding affidavit iro power ...

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