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Civil Cases

HH102-10 : OLD MUTUAL LIFE ASSURANCE COMPANY ZIMBABWE (PVT) LTD vs PETER RAFTOPOLOUS t/a SELECTIONS
Ruled By: MTSHIYA J

22 February 2010, 19 March 2010 and 23 June 2010 Law of property-viz agreement of lease re eviction.Law of Property-viz lease agreement re termination iro termination by effluxion of time.Law ...

HH101-15 : MICHAEL LESLIE MITCHELL STUBBS vs RENE STUBBS (nee DU PLOOY)
Ruled By: UCHENA J

28 and 29 January 2015 Legal Practitioners-viz correspondence with the court.Procedural Law-viz rules of evidence re evidence derived from previous litigation between the parties.Procedural Law-viz ...

HH101-11 : HERENTALS COLLEGE (PRIVATE) LIMITED vs RELEASE POWER INVESTMENTS (PRIVATE) LIMITED and ONIYAS GUMBO and MR CHINYAMUCHIKO (In his capacity as the Headmaster of Cold Comfort Primary School)
Ruled By: BERE J

19 AND 20 May 2011 Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz urgent chamber application.Procedural Law-viz urgent application re urgency iro ...

HH101-09 : JULIET MUCHA vs PHILIMON MUCHA
Ruled By: BERE J

1, 2 and 8 October 2009 Property Law-viz vindicatory action re cattle iro credibility of evidence.Procedural Law-viz rules of evidence re closely related family members iro ...

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HH100-17 : UPSET INVESTMENTS (PRIVATE) LIMITED vs CHITUNGWIZA MUNICIPALITY
Ruled By: MUREMBA J

2 November 2016 and 15 February 2017 Law of Contract-viz purchase and sale re purchase price.Law of Contract-viz debt re contractual.Law of Contract-viz purchase and sale re ...

HH100-15 : MUNYARADZI CHIKUSVU vs MAGISTRATE T. MAHWE
Ruled By: BHUNU J and UCHENA J

25 January 2015 and 4 February 2015 Procedural Law-viz urgent chamber application re urgency.Procedural Law-viz review.Shop Licencing-viz section 43(2) of the Shop Licences Act [Chapter 14:17].Procedural Law-viz ...

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HH100-13 : H. J. VORSTER (PVT) LTD vs SAVE VALLEY CONSERVANCY
Ruled By: MATHONSI J

3 April 2013 Procedural Law-viz final orders re ex tempore judgment.Procedural Law-viz condonation re late filing of rescission of judgment.Procedural Law-viz rescission of ...

HH100-11 : FANNY CHIOPOFYA (Nee Nkwazi) vs MESSIAH CHIPOFYA
Ruled By: MAWADZE J

20 September 2010 and 9 May 2011 Family Law-viz decree of divorce re civil marriage.Family Law-viz decree of divorce re civil marriage iro irretrievable breakdown of the ...

Appealed
HH100-10 : INTER-AGRIC (PRIVATE) LIMITED vs MADAVANHU ALLEN AND TWELVE OTHERS
Ruled By: BHUNU J

17 March 2010 and 9 June 2010 Procedural Law-viz urgent application re stay of execution.Labour Law-viz labour arbitration.Procedural Law-viz appeal re the rule that the noting of ...

HH100-09 : ZIMBABWE REINSURANCE COMPANY LIMITED vs MOHAMMED A. K. RAMJAN AND BELTCHLEY TRADING [PVT] LIMITED
Ruled By: KARWI J

xxx Law of Contract-viz specific performance re damages.Law of Contract-viz contractual damages.Agency Law-viz agent acting ultra vires his mandate iro liability ...

HH10-15 : CHIDO MATEWA vs MAKONI RURAL DISTRICT COUNCIL and INTERNATIONAL ORGANISATION FOR MIGRATION
Ruled By: NDEWERE J

18 September 2014 and 14 January 2015 Law of Delict-viz economic loss re commercial.Law of Delict-viz economic loss re pecuniary loss.Procedural Law-viz rules of evidence re the ...

HH10-10 : RANI INTERNATIONAL LIMITED vs BUBYE MINERALS (PVT) LTD AND ANOTHER
Ruled By: UCHENA J

16 February 2009, and 27 January 2010 Law of Contract-viz illegal agreement re in par delictum rule.Law of Contract-viz illegal agreement re prescription.Law of Contract-viz illegal principal ...

HH10-09 : MARBLE TIMBE vs THE NGONIDZASHE FAMILY TRUST
Ruled By: OMERJEE J and MAVANGIRA J

5 & 11 February 2009 Estate Law-viz distribution of estate re absence of approval of Master iro nullity. Estate Law-viz beneficiaries re legal surviving spouse ...

HH10-08 : ORDERLY MASHONGANYIKA vs MEMORY MASHONGANYIKA
Ruled By: GUVAVA J

13 and 17 September 2007 and 28 February 2008 Family Law-viz decree of divorce re discretionary powers of court to grant decree of divorce.Family Law-viz decree of divorce re ...

HH09-13 : RUSITU AGENCIES (PRIVATE) LIMITED vs PETER FUNGAYI KANGARA
Ruled By: MAVANGIRA J

21, 22, 23 and 24 November, 1 and 2 December 2011 and 16 January 2013 Law of Contract-viz debt re contractual debt.Law of Contract-viz debt re acknowledgement of debt.Procedural Law-viz rules of evidence re signatures.Procedural ...

HH09-09 : SKF ZIMBABWE P/L vs PARIS OLYMPIOUS
Ruled By: MAKARAU JP

12, 13, 14, 25 February, 21, 22 April, 1 September 2008 and 4 February 2009 Law of Contract-viz verbal contract.Law of Contract-viz oral agreements.Law of Contract-viz undocumented transactions.Law of Contract-viz specific performance re specific performance ...

HH08-15 : JOHN MAKARUDZE and MAXWELL MUNONDO vs COSMOS BUNGU and THE EXECUTIVE COMMITTEE, HARARE MUNICIPAL WORKERS' UNION and THE HARARE MUNICIPAL WORKERS' UNION
Ruled By: MAFUSIRE J

23 October 2014 and 7 January 2015 Procedural Law-viz Special Case proceedings re Order 29 of the High Court Rules.Procedural Law-viz Stated Case proceedings re Order 29 ...

HH08-12 : LOREEN MASHANGWA vs CHRISPEN BHADHI and TICHA DARANGWA and THE MINING COMMISSIONER GWERU
Ruled By: MAWADZE J

15 December 2011 and 10 January 2012 Procedural Law-viz urgent chamber application re interim interdict pendente confirmation proceedings.Mining-viz mining claims.Procedural Law-viz final orders re procedural irregularities iro ...

HH08-11 : ANATOS MPOFU vs COMMISSIONER OF POLICE and POLICE SERVICES COMMISSION
Ruled By: KARWI J

29 September 2010 Labour Law-viz employment contract re public service iro police force.Labour Law-viz contract of employment re termination iro unlawful termination.Labour Law-viz ...

HH08-10 : CFX BANK LIMITED vs RTO ENGINEERING [PRIVATE] LIMITED and MESSENGER OF COURT
Ruled By: KARWI J

20 January 2010 Procedural Law-viz urgent chamber application re stay of execution.Procedural Law-viz urgent application re interim interdict pendente lite.Procedural Law-viz final orders ...

HH08-09 : TARUVA TARUVA vs DEVEN ENGINEERING P/L and MOTEC HOLDINGS P/L and REGISTERING OFFICER, CENTRAL VEHICLE REGISTRY
Ruled By: MAKARAU JP

20, 21, 22 January and 4 February 2009 Labour Law-viz employment contract re retention of employment benefits.Labour Law-viz contract of employment re retention of company property.Procedural Law-viz rules ...

HH07-13 : ZIMBABWE TEXTILE MANUFACTURERS ASSOCIATION vs ZIMBABWE TEXTILE WORKERS UNION and DR. GODFREY KANYENZE
Ruled By: MTSHIYA J

4 October 2012 and 9 January 2013 Labour Law-viz labour arbitration.Procedural Law-viz rules of evidence re documentary evidence.Labour Law-viz collective bargaining agreements.Labour Law-viz labour arbitration re setting ...

HH07-12 : IGNATIOUS GANYO vs MAULIDIA CHAONZA
Ruled By: CHITAKUNYE J

5 September, 12 September 2011 and 26 January 2012 Procedural Law-viz pleadings re amendment of pleadings.Procedural Law-viz pleadings re amendment to pleadings.Family Law-viz decree of divorce re irretrievable breakdown ...

HH07-11 : RICHARD CHIHORO vs RUSERE MUROMBO and DOROTHY RUSERE
Ruled By: OMERJEE J and KARWI J

4 May 2011 Procedural Law-viz civil appeal.Procedural Law-viz final orders re principle of finality to litigation.Law of Property-viz vindicatory action re eviction re ...

HH07-09 : CATHERINE CHIWAWA vs APOSTOLOS MUTZURIS and PANAYOTA MUTZURIS and GRAMMATIKI MUZTURIS and IRENE MUTZURIS and THE REGISTRAR OF DEEDS
Ruled By: MAKARAU JP

26, 28, 29 and 30 January and 4 February 2009 Law of Property-viz proof of title re immovable property iro registered rights.Law of Property-viz proof of title in immovable property ...

HH07-08 : BERLY LYNN SURTEE vs MAHOMMED HASSIN SURTEE
Ruled By: MAKARAU JP and MAVANGIRA J

7 and 13 February 2008 Family Law-viz minors re variation of custody order.Procedural Law-viz jurisdiction re variation of court order.Procedural Law-viz rules of court re ...

HH06-18 : SIMBARASHE PASIPAMIRE vs GLOBAL PROPERTY ADVISORY & TECHNICAL SERVICES
Ruled By: MANGOTA J

25 October 2017 and 8 January 2018 Procedural Law-viz declaratory order.Procedural Law-viz declaratur.Law of Property-viz passing of ownership re implied lawful right to ownership.Procedural Law-viz rules of ...

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HH06-13 : THE MESSENGER OF COURT (HARARE) vs TAVENHAVE-MACHINGAUTA LEGAL PRACTITIONERS
Ruled By: MTSHIYA J

10 October 2012 and 9 January 2013 Law of Contract-viz debt re services rendered.Procedural Law-viz withdrawal of a matter re notice of withdrawal.Company Law-viz the doctrine of ...

HH06-12 : THE HERITAGE SCHOOL vs MONICA SEKA AND THREE OTHERS
Ruled By: HUNGWE J

11 January and 12 January 2012 Labour Law-viz arbitral award re appeal iro registration and enforcement of arbitral award subject of appeal.Procedural Law-viz appeals re arbitral ...

HH06-11 : RITA SEKESAI CHIWANDAMIRA vs JOSEPHINE MUPANDAWANA
Ruled By: CHATUKUTA J

16 September 2009 and 12 January 2011 Damages-viz delictual damages re adultery damages.Delict Law-viz adultery.Procedural Law-viz rules of evidence re admissions.Procedural Law-viz rules of evidence re documentary ...

HH06-10 : HARLAND BROTHERS (PVT) LIMITED and RAYMOND FINAUGHTY vs THE MINISTER OF LANDS AND RURAL RESETTLEMENT and MRS WINNIE MUSHIPE
Ruled By: MUSAKWA J

31 December 2009 and 4 January 2010 Law of Property-viz spoliation.Law of Property-viz mandament van spolie.Law of Property-viz eviction re summary eviction iro mandament van spolie.Law of ...

HH06-09 : MARIA KATSIGA vs HILDA CHARLIE and NYASHA MACHAKAIRE and MASTER OF HIGH COURT and REGISTRAR OF DEEDS
Ruled By: KUDYA J

30-31 July and 10-12 November 2008 and 5 February 2009 Estate Law-viz division of estate property re distribution account iro setting aside of distribution account.Procedural Law-viz rules of evidence re ...

HH06-08 : DIOCESE OF HARARE vs CHURCH OF THE PROVINCE OF CENTRAL AFRICA AND RETIRED BISHOP SEBASTIAN BAKARE
Ruled By: HUNGWE J

13 December 2007 & 30 January 2008 Canon Law-viz capacity to contract.Canon Law-viz constitution re voluntary organisation.Canon Law-viz locus standi.Canon Law-viz spoliation order re possession iro a ...

HH05-18 : MOVEMENT FOR DEMOCRATIC CHANGE (T) and MOVEMENT FOR DEMOCRATIC CHANGE (N) and SARAH KACHINGWE vs ZIMBABWE ELECTORAL COMMISSION and REGISTRAR GENERAL N.O. and OTHERS
Ruled By: MUNANGATI-MANONGWA J

29 November 2017 Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz urgent application.Constitutional Law-viz constitutional rights re political rights iro ...

HH05-11 : U-TOW TRAILERS (PVT) LTD vs CITY OF HARARE and SUPERLUX TRAILERS (PVT) LTD
Ruled By: CHATUKUTA J

25 March 2010 and 19 January 2011 Procedural Law-viz civil appeal re leave to execute pending appeal.Law of Property-viz lease agreement re termination.Law of Property-viz agreement of ...

HH05-10 : JACKSON MUGUTI vs UBOXIT WORLDWIDE (PVT) LTD AND TWO OTHERS
Ruled By: MAKARAU JP

19 November 2009 and 13 January 2010 Law of Contract-viz illegal contract re cession of rights.Law of Contract-viz unjust enrichment re in pari delicto rule.Procedural Law-viz cause ...

HH05-09 : MARION LYNDA RALPH vs CHRISTIAN VAN VUUREN
Ruled By: KUDYA J

22 January 2009 Family Law-viz guardianship re minors.Family Law-viz decree of divorce re section of the Matrimonial Causes Act [Chapter 5:13].Procedural Law-viz service ...

HH05-03 : U-FREIGHT EUROMAR (PRIVATE) LIMITED vs EMMANUEL MUTEBUKA
Ruled By: MAKARAU J

26, 27 and 28 August, 11, 12, 13 and 14 September, 17 October 2002 and 15 January 2003 Company Law-viz directorship re register of directors filed with the Registrar of Companies.Law of Property-viz proof of title re movable ...

HH04-15 : ESNATH P.M. JEMBERE vs BIG BRIAN JEMBERE
Ruled By: MANGOTA J

5 January 2015 Procedural Law-viz urgent chamber application re provisional order.Procedural Law-viz default judgment re failure to appear for a hearing.Family Law-viz custody ...

HH04-13 : JACKSON CHIKONYE vs ANNAH CHIKONYE
Ruled By: GUVAVA J

30 and 31 May, 7 June 2012 and 10 January 2013 Family Law-viz decree of divorce re civil marriage.Family Law-viz custody re minor children.Family Law-viz maintenance re minor children.Family Law-viz division ...

HH04-11 : MORDECAI PILATE MAHLANGU vs DETECTIVE ASSISTANT INSPECTOR DOWA and OFFICER-IN-CHARGE, LAW AND ORDER HARARE CENTAL SUPERINTENDENT NTINI and OTHERS
Ruled By: CHATUKUTA J

24 February 2010 and 12 January 2011 Constitutional Law-viz constitutional rights re criminal arrest.Procedural Law-viz urgent chamber application.Procedural Law-viz declaratory order re unlawful arrest.Procedural Law-viz declaratur re ...

HH04-10 : MYDALE INTERNATIONAL MARKETING (PVT) LTD vs DR ROB KELLY and HAMMER AND TONGUES (PVT) LTD
Ruled By: GOWORA J

18 June 2009 and 13 January 2010 Law of Property-viz res litigiosa re the anti-dissipation interdict.Law of Contract-viz debt re payment into court iro ad hoc trust ...

HH04-08 : CECIL MADONDO (In his capacity as the duly appointed Liquidator of Century Discount House Ltd) vs ZIMBABWE BANKING CORPORATION
Ruled By: GARWE JP

4 April 2006, 15 February 2007, 15 November 2007 and 30 January 2008 Law of Banking-viz bill negotiability re security for advance.Law of Banking-viz overdraft facility.Law of Banking-viz overnight facility.Corporate Insolvency-viz distribution re ...

HH03-12 : NYASHA EUNICE CHIKWINYA AND TWO OTHERS vs JUSTINE ZVANDSARA AND FOUR OTHERS
Ruled By: BHUNU J

25 August 2011, 29 August 2011, 31 August 2011, 30 September 2011, 13 October 2011, 24 October 2011 and 18 January 2012 Law of Property-viz vindicatory action.

HH03-11 : JOYCE MADZORERA vs DAVID SHAVA
Ruled By: CHATUKUTA J

4 March 2010 and 12 January 2011 Law of Property-viz vindicatory action re eviction.Law of Property-viz rei vindicatio re eviction.Law of Property-viz proof of title re immovable ...

HH03-10 : ESTHER MWANYISA vs ENETI JUMBO and ISABEL SAMURIWO and MTIKUMBURA MOFFAT and THE CITY OF HARARE and THE MASTER OF THE HIGH COURT and ANOTHER
Ruled By: MAKARAU JP

8 and 13 October 2009 and 13 January 2010 Procedural Law-viz principle of finality to litigation re robust approach.Estate Law-viz intestate estate.Purchase and Sale-viz Deed of Sale re suspensive ...

HH03-09 : RACHEL MEYERS-MBIDZO N.O vs JOHN MARK CHIPUNZA AND REGISTRAR OF DEEDS
Ruled By: MTSHIYA J

21 January 2009 Law of Contract-viz termination re agreement cancellation iro notice.Law of Contract-viz termination re agreement cancellation iro sanctity of contract.Law of ...

HH02-14 : EDWIN NHANDO and NEW CIVILS (PRIVATE) LIMITED vs INTERFIN BANKING CORPORATION LIMITED and SHERIFF OF ZIMBABWE and DEPUTY SHERIFF, BULAWAYO and ANOTHER
Ruled By: MATANDA-MOYO J

24 December 2013 and 8 January 2014 Procedural Law-viz stay of execution re execution against a dwelling.Law of Contract-viz debt re contractual debt.Law of Contract-viz debt re ...

HH02-13 : RUMBIDZAI SHAAMANO vs JABULANI NKOSI
Ruled By: CHITAKUNYE J

8 March, October 2012 and 10 January 2013 Procedural Law-viz cause of action re division of the assets of the spouses iro unregistered customary law union.Family Law-viz division ...

HH02-12 : SWANDALE PROPERTIES (PRIVATE) LIMITED vs VENENCIA MADAKE AND MUNICIPALITY OF HARARE
Ruled By: MUTEMA J

10 November, 2011 and 18 January 2012 Procedural Law-viz res judicata re lis alibi pendens.

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