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Civil Cases

HB84-16 : PHILANI GAMA N.O. vs LUNGISANI MPOFU and PATRICIA PHIRI and MBALI NGWENYA and THE ADDITIONAL ASSISTANT MASTER N.O. and THE ASSISTANT MASTER, HIGH COURT OF ZIMBABWE, BULAWAYO N.O.
Ruled By: MATHONSI J

10 and 18 March 2016 Procedural Law-viz citation re party acting in an official capacity.Estate Law-viz rights of beneficiaries re intestate succession.Law of Property-viz proof ...

HB84-13 : REGINA GUMBO vs STEELNET (ZIMBABWE) (PVT) LTD and MINISTER OF HIGHER AND TERTIARY EDUCATION
Ruled By: MUTEMA J

4 April 2013 and 2 May 2013 Procedural Law-viz citation re interpleader proceedings.Procedural Law-viz automatic bar re failure to file notice of opposition.Procedural Law-viz automatic bar re ...

HB84-11 : HENRY SHONAI TODZANISO vs HELEN LADAS and KNIGHT FRANK and DEPUTY SHERIFF
Ruled By: NDOU J

3 and 23 June 2011 Procedural Law-viz urgent chamber application.Procedural Law-viz urgent application re stay of execution.Procedural Law-viz interim interdict re past invasion of rights.Procedural ...

HB84-10 : EDWARD MANGENA and MALAKI MPOFU vs NINO FILANINO and DISTRICT ADMINISTRATOR, UMZINGWANE RURAL DISTRICT COUNCIL [sic] and OTHERS
Ruled By: NDOU J

15 January and 19 August 2010 Procedural Law-viz declaratory order.Procedural Law-viz declaratur.Land Acquisition-viz lawful authority to occupy.Land Acquisition-viz offer letter re lawful authority to occupy gazetted ...

HB83-16 : PROFERT ZIMBABWE (PVT) LTD vs MACDOM INVESTMENTS (PVT) LTD
Ruled By: MAKONESE J

4 and 17 March 2016 Insolvency Law-viz winding up re inability to pay debts iro section 206(f) of the Companies Act [Chapter 24:03].Insolvency Law-viz liquidation ...

HB83-13 : ZIMBABWE INTERNATIONAL TRADE FAIR COMPANY vs VIKING PLASTICS (PVT) LTD and BONGANI NDLOVU N.O.
Ruled By: MUTEMA J

4 April 2013 and 25 April 2013 Procedural Law-viz citation re party acting in an official capacity.Insolvency Law-viz judicial management re discharge of a provisional judicial management ...

HB83-11 : TAURAI NYATSAMBO vs MTUNGWAZI FAMILY PROPERTIES and DEPUTY SHERIFF
Ruled By: NDOU J

23 June 2011 Procedural Law-viz urgent chamber application.Procedural Law-viz urgent application re stay of execution.Procedural Law-viz final orders re doctrine of effectiveness.Procedural Law-viz ...

HB83-10 : BERNIE WATSON vs ANDREA COETZEE
Ruled By: NDOU J

16 October 2009 and 5 August 2010 Law of Contract-viz oral agreement.Law of Contract-viz verbal contract.Law of Contract-viz termination of a contract re notice of termination.Law of ...

HB82-16 : CHIPO ZVAVANONDIITA vs RUNIYA NDLOVU and SIMANGELE MASEKO and RATCHELL MASEKO and BESSY MASEKO and ASSISTANT MASTER (N.O) and ADDITIONAL ASSISTANT MASTER N.O and CITY OF BULAWAYO
Ruled By: MATHONSI J

10 and 17 March 2016 Procedural Law-viz citation re party acting in an official capacity.Estate Law-viz division of estate property re distribution account iro re-opening ...

HB82-15 : THULISANI NYAMAMBI vs BONGANI NCUBE
Ruled By: MAKONESE J

9 September 2014; 23, 24, 27 February and 30 April 2015 Procedural Law-viz declaratory order re declaration of rights of ownership.Procedural Law-viz declaratur re declaration of rights.Law of Property-viz proof of ...

HB82-13 : ELLINGBARN TRADING (PRIVATE) LIMITED vs ASSISTANT MASTER OF THE HIGH COURT and PEOPLE'S OWN SAVINGS BANK
Ruled By: MUTEMA J

4 April and 25 April 2013 Insolvency Law-viz judicial management.Procedural Law-viz final orders re confirmation of provisional order.Procedural Law-viz final orders re discharge of interim interdict.Procedural ...

HB82-11 : TROTS INVESTMENTS (PVT) LTD vs MAMBIRO FIBRE (PVT) LTD
Ruled By: MATHONSI J

10 June 2011 and 16 June 2011 Procedural Law-viz rules of evidence re documentary evidence.Law of Property-viz lease agreement re termination iro notice of cancellation.Law of Property-viz ...

HB82-10 : DAVID WHITEHEAD TEXTILES LIMITED vs NATIONAL BLANKETS
Ruled By: KAMOCHA J

1 July and 5 August 2010 Procedural Law-viz rules of court re High Court Rules iro Rule 235.Procedural Law-viz rules of evidence re hostile witness.Procedural Law-viz ...

HB81-18 : FRANK MUTEZO and OTHERS vs ZIMBABWE SCHOOL EXAMINATIONS COUNCIL and THE MINISTER OF PRIMARY AND SECONDARY EDUCATION
Ruled By: MOYO J

12 March 2018 and 22 March 2018 Procedural Law-viz urgent chamber application re Rule 223 of the High Court Rules.Procedural Law-viz form of proceedings re urgent chamber ...

HB81-16 : FESTOR CHINEKA vs PRO-VICE CHANCELLOR and NATIONAL UNIVERSITY OF SCIENCE AND TECHNOLOGY and STUDENT DISCIPLINARY COMMITTEE
Ruled By: MATHONSI J

10 March 2016 Procedural Law-viz final orders re ex tempore judgment.Procedural Law-viz civil review re Order 33 of the High Court Rules.Education Law-viz ...

HB81-10 : TRISTAN JOHN PEACOCK vs ANTOINETTE MAREE STEYN
Ruled By: MATHONSI J

29 July 2010 and 5 August 2010 International Law-viz rights of children re the Hague Convention on the Civil Aspects of International Child Abduction.International Law-viz rights of ...

HB80-10 : NAISON CHAGARA GONOUYA vs SHADRECK HUKUIMWE and JUSTICE MUNYAMANA and BULAWAYO CITY COUNCIL
Ruled By: KAMOCHA J

19, 20, 21 May 2009 and 29 July 2010 Agency Law-viz possession with indicia of dominium.Agency Law-viz possession with indicia of jus disponendi.Law of Contract-viz verbal agreement.Law of Contract-viz ...

HB79-16 : PREMIER SERVICES MEDICAL AID SOCIETY vs FAIRMIND CLINICAL LABORATORIES
Ruled By: MATHONSI J

9 March and 10 March 2016 Procedural Law-viz urgent chamber application.Procedural Law-viz final orders re consent to judgment.Procedural Law-viz final orders re consent order iro rescission ...

HB78-16 : GIBSON BOSTON SIZIBA vs THABANI MPABANGA and BAFOKAZANA MASUKU
Ruled By: MATHONSI J

4, 7 and 10 March 2016 Procedural Law-viz urgent chamber application.Legal Practitioners-viz professional ethics.Law of Property-viz spoliation order re boundary dispute.Law of Property-viz mandament van spolie ...

HB78-13 : ALFRED MPFUMBATWA vs BARBARA MURASIRANWA and EDGAR MBWEMBWE and REGISTRAR OF DEEDS and VICTORIA FALLS CITY COUNCIL
Ruled By: KAMOCHA J

28 February 2013 Procedural Law-viz final orders re ex tempore judgment.Procedural Law-viz rescission of judgment.Procedural Law-viz prescription re section 15(d) of the Prescription ...

HB78-10 : FARAYI B. NYAPOKOTO vs OFFICER COMMANDING BULAWAYO CAMPS SUPERINTENDENT MOYO and OFFICER COMMANDING BULAWAYO PROVINCE SENIOR ASSISTANT COMMISSIONER MUTAMBA and OTHERS
Ruled By: CHEDA J

21 July 2010 and 22 July 2010 Procedural Law-viz urgent chamber application.Procedural Law-viz citation re party acting in an official capacity.Labour Law-viz employment contract re public service ...

HB78-09 : MARGRET MUGADZA vs KNIGHT FRANK and NRZ CONTRIBUTION PENSION FUND and DEPUTY SHERIFF N.O.
Ruled By: NDOU J

14, 16 and 30 July 2009 Law of Property-viz spoliation order.Law of Property-viz mandament van spolie.Procedural Law-viz urgent chamber application.Law of Property-viz agreement of lease re ...

HB77-16 : TRIANIC INVESTMENTS (PVT) LTD and REOUVEN DRAY vs NQOBILE KHUMALO and FRANCISCA MUFAMBI and THE SHERIFF OF ZIMBABWE, BULAWAYO
Ruled By: TAKUVA J

6 July 2015 and 10 March 2016 Procedural Law-viz urgent chamber application re stay of execution.Procedural Law-viz pleadings re amendment to pleadings iro amendment of draft order.Procedural ...

HB77-11 : NUTE NCUBE vs SHEILA MAGLAZI
Ruled By: KAMOCHA J and CHEDA J

21 March 2011 and 16 June 2011 Procedural Law-viz civil appeal.Family Law-viz division of the assets of the spouses re unregistered customary law union iro direct contributions.Family ...

HB77-10 : ACIL MARKETING (PVT) LTD t/a BOOT LEGGERS BOTTLESTORE vs INSPECTOR RUKUNDA and COMMISSIONER GENERAL OF POLICE and CO-MINISTER OF HOME AFFAIRS
Ruled By: NDOU J

19 and 22 July 2010 Procedural Law-viz urgent chamber application.Liquor Licencing-viz licencing re section 113(1) of the Liquor Act [Chapter 14:12].Procedural Law-viz rules of evidence ...

HB77-09 : IAIN DONALD DAVID SHEASBY vs THE CHIEF IMMIGRATION OFFICER and THE MINISTER OF HOME AFFAIRS
Ruled By: CHEDA J

18 June 2009 and 23 July 2009 Procedural Law-viz provisional order re confirmation of interim interdict.Procedural Law-viz interim interdict re discharge of a provisional order.Immigration Law-viz dual ...

HB76-13 : RURAL ELECTRIFICATION AGENCY vs CHARLES MASHEZHA and DEPUTY SHERIFF (BULAWAYO)
Ruled By: MAKONESE J

5 March and 28 March 2013 Procedural Law-viz urgent chamber application re stay of execution.Procedural Law-viz urgent application re urgency.Procedural Law-viz jurisdiction re judicial deference.

HB76-11 : JANET RUSERE vs MARITA CHANETSA
Ruled By: KAMOCHA J and CHEDA J

23 May and 2 June 2011 Procedural Law-viz civil appeal.Procedural Law-viz declaratory order.Procedural Law-viz declaratur.Estate Law-viz rights of beneficiaries re intestate succession iro surviving spouse.

HB76-09 : MAXWELL CHAITIKA vs ZIMBABWE NATIONAL WATER AUTHORITY
Ruled By: CHEDA J and NDOU J

9 March 2009 and 30 June 2009 Procedural Law-viz civil appeal.Law of Property-viz agreement of lease with a local authority re rent card.Labour Law-viz contract of employment ...

HB75-13 : MAYDEEP INVESTMENTS vs CECIL MADONDO and MASTER OF THE HIGH COURT and ZIMBABWE TEXTLIE WORKERS UNION
Ruled By: KAMOCHA J

27 February and 9 May 2013 Procedural Law-viz affidavits re opposing affidavit iro unchallenged averments.Procedural Law-viz affidavits re answering affidavit iro uncontroverted averments.Procedural Law-viz affidavits re ...

HB75-10 : RUTH NYATHI vs HILDA MHLANGA and BULAWAYO CITY COUNCIL and DEPUTY SHERIFF, BULAWAYO
Ruled By: KAMOCHA J

24, 25 and 26 February 2010 Procedural Law-viz final orders re ex tempore judgment.Agency Law-viz power of attorney.Law of Contract-viz specific performance re specific performance ex ...

HB74-13 : REGINA GUMBO vs HADDON & SLY PROPERTIES and BULAWAYO CITY COUNCIL
Ruled By: CHEDA AJ

21 February and 28 March 2013 Procedural Law-viz citation re inter pleader proceedings.Procedural Law-viz citation re joinder iro inter-pleader proceedings.Procedural Law-viz service of court process re ...

HB74-12 : SETSAIL EQUIPMENT (PVT) LTD vs JAVINGTON INVESTMENTS (PVT) LTD and DEPUTY SHERIFF FOR BULAWAYO
Ruled By: NDOU J

12 and 22 March 2012 Procedural Law-viz urgent chamber application re stay of execution.Procedural Law-viz judicial eviction re stay of execution.Procedural Law-viz automatic bar re ...

HB74-10 : REBECCA SIZIBA vs BAMSLOVE INVESTMENTS (PVT) LTD and MARTIN SIMMONS and REGISTRAR OF COMPANIES
Ruled By: MATHONSI J

9 July 2010 and 22 July 210 Procedural Law-viz urgent chamber application.Insolvency Law-viz liquidation re provisional liquidation order.Insolvency Law-viz liquidation re winding up order.Insolvency Law-viz liquidation re ...

HB74-09 : PATRICK SIKHOSANA vs MTHANDAZO DUBE and SIBANGANI NCUBE and VUSA DUBE
Ruled By: KAMOCHA J

16, 17, 22 September 2008 and 9 July 2009 Partnership Law-viz verbal partnership agreement.Law of Contract-viz oral agreement.Law of Contract-viz verbal agreement.Procedural Law-viz declaratory order re status of an ...

HB73-11 : DIANA KUTSANZIRA vs TITUS TSVANGIRAI
Ruled By: KAMOCHA J

29 May and 2 June 2011 Procedural Law-viz directives of the court.Procedural Law-viz directions of the court re application for directives.Family Law-viz division of the assets ...

HB73-10 : THABANI MOYO and ALEXANDER MUNYAKA vs HASSBRO PROPERTIES (PVT) LTD and MESSENGER OF COURT
Ruled By: MATHONSI J

13 July 2010 and 22 July 2010 Procedural Law-viz urgent application re stay of execution.Procedural Law-viz judicial eviction re stay of execution.Procedural Law-viz interim interdict re past ...

HB72-10 : ETTAH NCUBE and CAIN MOYO vs JOEL NCUBE and JULIUS SIBANDA and DEPUTY SHERIFF
Ruled By: NDOU J

22 October 2008 and 22 July 2010 Procedural Law-viz rules of evidence re onus iro burden of proof.Procedural Law-viz pleadings re withdrawal of pleadings iro withdrawal of ...

HB72-09 : RADAR INVESTMENTS (PVT) LTD t/a RADAR METAL INDUSTRIES vs K.A. AGENCIES AND DISTRIBUTORS (PVT) LTD
Ruled By: NDOU J

26 October 2006 and 2 July 2009 Law of Contract-viz contract of hire.Procedural Law-viz rules of evidence re onus iro burden of proof.Procedural Law-viz rules of evidence ...

HB71-13 : ROBSON NDIWENI vs PETER JOHANNES CLOETE
Ruled By: CHEDA AJ

31 October 2012 and 28 March 2013 Procedural Law-viz directions of the court.Damages-viz delictual damages re contumelia.Law of Delict-viz contumelia re unlawful assault.Procedural Law-viz rules of evidence ...

HB71-09 : ROSEMARY CHIGANZE (as the guardian of LEWIS DUBE, a minor) vs PATIENCE MAPHOSA (personally and as a guardian of..., a minor) and THABANI LIHLE SIZIBA N.O. and ASSISTANT MASTER OF THE HIGH COURT
Ruled By: NDOU J

16 and 25 June and 2 July 2009 Procedural Law-viz provisional order re nature of relief sought.Procedural Law-viz interim interdict re nature of relief sought.Procedural Law-viz default judgment ...

HB69-11 : WINNIE PAMACHECHE vs ESTHER PAMACHECHE and ESTATE LATE KENNETH PAMACHECHE and BRUCE LONGHURST N.O. and MASTER OF THE HIGH COURT N.O.
Ruled By: MATHONSI J

10 May 2011 and 19 May 2011 Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz rules of evidence re documentary evidence.Estate Law-viz rights of ...

HB69-09 : ALEX MUDZINGWA vs SAI ENTERPRISES (PRIVATE) LIMITED
Ruled By: NDOU J

14 May and 18 June 2009 Procedural Law-viz default judgment.Procedural Law-viz upliftment of bar.Procedural Law-viz default judgment re service of process.Procedural Law-viz default judgment re upliftment ...

HB68-13 : MUNTED TRACTORS & IMPLEMENTS vs ISHMAEL MUREMBWA and DEPUTY SHERIFF
Ruled By: KAMOCHA J

13 March 2013 Procedural Law-viz urgent chamber application.Procedural Law-viz urgent application re urgency.Procedural Law-viz automatic bar re filing of opposing papers after the ...

HB68-09 : MISHECK MUKATA vs THE CHAIRPERSON OF PORTLAND HOLDINGS LIMITED DISCIPLINARY COMMITTEE and PORTLAND HOLDINGS LIMITED
Ruled By: CHEDA J

20 May 2009 and 18 June 2009 Procedural Law-viz interim interdict re urgency.Procedural Law-viz provisional order re urgent chamber application.Labour Law-viz disciplinary hearing re legal representation iro ...

HB67-13 : BARBRA LUNGA (in her capacity as the Provisional Liquidator of Spoornet (Pvt) Ltd) vs JOHN JOSIAS MOYO and BRIAN MOYO
Ruled By: KAMOCHA J

12 October 2012 and 21 March 2013 Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz urgent chamber application.Law of Property-viz spoliation order.Law of Property-viz ...

HB67-11 : RESERVE BANK OF ZIMBABWE vs SEEDCO INTERNATIONAL LIMITED and ART HOLDINGS LIMITED and LAWRENCE TAMAYI and OTHERS
Ruled By: NDOU J

12 May and 2 June 2011 Procedural Law-viz urgent chamber application.Procedural Law-viz urgent application re stay of execution iro judicial attachment.Law of Contract-viz debt re ...

HB67-08 : PROMISE NCUBE vs SHENZIRA NCUBE and JEREMIAH TENHESE N.O.
Ruled By: KAMOCHA J

25 June and 3 July 2008 Procedural Law-viz provisional order.Procedural Law-viz interim interdict.Law of Property-viz double sale.Estate Law-viz disposal of estate property re immovable property iro ...

HB66-13 : ALICK GUMEDE vs THE MINISTER OF LOCAL GOVERNMENT, RURAL AND URBAN DEVELOPMENT and THE TOWN CLERK, BULAWAYO CITY COUNCIL and BULAWAYO CITY COUNCIL and OTHERS
Ruled By: CHEDA AJ

5 and 21 March 2013 Procedural Law-viz urgent chamber application.Local Authorities-viz appointment of Special Interest Councillors.Procedural Law-viz directions of the court re service of an ...

HB66-09 : SIPHILISIWE SIZIBA vs SOPHIE MATIMBA N.O. and QHUBEKANI MABUZA NCUBE
Ruled By: KAMOCHA J

23 March and 18 June 2009 Procedural Law-viz provisional order.Procedural Law-viz interim interdict.Family Law-viz maintenance re minor children iro section 23 of the Maintenance Act [Chapter ...

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