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Civil Cases

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 ...

HH02-22 : LIVISON CHIKUTU and PHENEAS CHITSANGE and ALBERT DHUMELA vs MINISTER OF LANDS, AGRICULTURE, WATER, CLIMATE & RURAL RESETTLEMENT and OTHERS
Ruled By: MAFUSIRE J

12 October 2021 Constitutional Law-viz constitutionality of statutory provisions re Land Act iro section 4 of the Communal Land Act [Chapter 20:04].Constituional Law-viz ...

HH02-21 : ERNEST MHAMBARE vs ALFRED MWAZHA and OTHERS
Ruled By: MUREMBA J

23 December 2020 and 5 January 2021 Procedural Law-viz urgent chamber application re leave to execute pending appeal.Procedural Law-viz locus standi re derivative action iro the proper ...

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.

HH02-11 : THE MINISTER OF LOCAL GOVERNMENT AND NATIONAL HOUSING and MINISTER OF JUSTICE AND LEGAL AFFAIRS vs LANGTON CHIGWIDA and J.K. MWATSIYA
Ruled By: CHATUKUTA J

25 February 2010 and 12 January 2011 Procedural Law-viz rescission of judgment re default judgment.Procedural Law-viz consolidation of matters.Procedural Law-viz vindicatory action re eviction iro claim of ...

HH02-10 : JOHN RODGER & OTHERS vs FRIK MULLER & OTHERS
Ruled By: PATEL J

2 July 2009 and 26 January 2010 Tourism, Parks and Wildlife Management-viz safari operations.Administrative Law-viz the exercise of administrative discretion.Law of Contract-viz purchase and sale re public ...

HH01-14 : NDOMUPEI TIVENGE vs THE STATE and MRS MUGWAGWA, ESQUIRE
Ruled By: MATANDA-MOYO J

24 December and 8 January 2014 Procedural Law-viz review re unterminated proceedings.

HH01-11 : MUROWA DIAMONDS vs COMMISSIONER GENERAL OF THE ZIMBABWE REVENUE AUTHORITY
Ruled By: GOWORA J

25 October 2010 and 12 January 2011 Procedural Law-viz urgent chamber application.Law of Contract-viz set off.Law of Contract-viz set-off.Tax Law-viz currency of settlement of tax obligations re ...

HH01-10 : RIVER RANCH LIMITED vs DELTA CORPORATION LIMITED
Ruled By: PATEL J

9-11 June and 26 January 2010 Law of Property-viz vindicatory action re claim of right.Law of Property-viz rei vindicatio re claim of right.Law of Contract-viz specific ...

HH01-09 : CONSTANTINOS BAKARIS vs GEORGE KATTAVENOS
Ruled By: KUDYA J

4-7 and 17-19 December 2007 and 14 January 2009 Partnership Law- viz division of co-ownership assets re dissolution of business relationship.Partnership Law-viz partitioning of co-ownership assets re dissolution of ...

HH01-08 : SIMON FRANCIS MANN vs THE REPUBLIC OF EQUATORIAL GUINEA
Ruled By: MAKARAU JP and PATEL J

26 July 2007 and 23 January 2008 Procedural Law-viz civil appeal re extradition iro section 18 of the Extradition Act [Chapter 9:08].Procedural Law-viz appeal re "wide" appeals.Procedural ...

HH00-08 : AGRICULTURE BANK OF ZIMBABWE LTD T/A AGRIBANK vs DATANET TECHNOLOGY ZIMBABWE
Ruled By: MTSHIYA J

11 June 2008 Law of Contract-viz specific performance re specific performance ex contractu iro damages in lieu of specific performance.Law of Contract-viz specific ...

HB99-16 : PELLADILLO INVESTMENTS (PVT) LTD vs RWAINDEPI MADONGORERE and DEPUTY SHERIFF GWERU N.O.
Ruled By: TAKUVA J

8 and 31 March 2016 Procedural Law-viz urgent chamber application re stay of execution.Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz stay ...

HB99-14 : ELLEN MAJOLA vs BEKEZELA NYONI
Ruled By: MAKONESE J

25 March, 9, 17, 26 June 2014 and 3 July 2014 Law of Property-viz vindicatory action re eviction.Law of Property-viz rei vindicatio re eviction.Procedural Law-viz disputes of fact re referral of ...

HB99-11 : NOBUHLE NCUBE vs CBZ BANK LIMITED and THE SHERIFF FOR ZIMBABWE and BULAWAYO REAL ESTATE
Ruled By: MATHONSI J

4 July 2011 and 7 July 2011 Procedural Law-viz urgent chamber application.Law of Contract-viz debt re acknowledgement of debt.Law of Contract-viz debt re acknowledgement of debt iro ...

HB98-16 : MATSON HLALO vs MOVEMENT FOR DEMOCRATIC CHANGE- TSVANGIRAI and MORGAN TSVANGIRAI – PRESIDENT OF MDC- T and PRESIDENT OF THE SENATE, PARLIAMENT OF ZIMBABWE and CLERK OF PARLIAMENT
Ruled By: MOYO J

18 March and 31 March 2016 Procedural Law-viz urgent chamber application.Constitutional Law-viz Parliamentary Affairs re vacancies in the membership of Parliament iro section 129(1)K of the ...

HB98-10 : JUDITH MALAME vs MARGRET DUTIRO
Ruled By: NDOU J

30 August and 2 September 2010 Procedural Law-viz summary judgment.Procedural Law-viz summary judgment re prima facie defence.Procedural Law-viz summary judgment re acknowledgement of debt.Law of Contract-viz ...

HB97-18 : NEVERMIND CHINGWENA vs SMM HOLDINGS (PVT) LTD and THE ADMINISTRATOR and THE SHERIFF OF COURT N.O.
Ruled By: TAKUVA J

31 January 2018 and 12 April 2018 Procedural Law-viz citation re party acting in an official capacity iro nominus officiae.Procedural Law-viz citation re party acting in an ...

HB97-16 : REVEREND CLEMENT NYATHI and APOSTOLIC FAITH MISSION OF AFRICA vs CHARLES NHANGA and MTHANDAZI SIBANDA and TEDDY NDLOVU and OSCAR NDLOVU and OTHERS
Ruled By: MOYO J

4 March and 31 March 2016 Procedural Law-viz urgent chamber application.Canon Law-viz canonical disputes re factionalism.Procedural Law-viz affidavits re founding affidavit iro deponent.Law of Property-viz spoliation ...

HB97-11 : NOREEN SIBANDA and BENSON SIYAWAREVA vs JULIUS MPOSELWA NDLOVU
Ruled By: MATHONSI J

27 June 2011 and 30 June 2011 Procedural Law-viz postponement of matter.Procedural Law-viz rules of evidence re documentary evidence.Procedural Law-viz notice of set down re Rule 215(2).Procedural ...

HB96-09 : TISO NKALA vs WINNIE SEBATA and BEN DUBE
Ruled By: NDOU J

17 and 24 September 2009 Procedural Law-viz default judgment.Procedural Law-viz default judgment re defamation.Damages-viz defamation damages.Procedural Law-viz default judgment re defamation damages iro quantum of ...

HB95-16 : NATIONAL RAILWAYS OF ZIMBABWE CONTRIBUTORY PENSION FUND vs EKUTULENE INVESTMENTS t/a WALKERS PUB AND RESTAURANT and WAYNE ALLAN JONES
Ruled By: MATHONSI J

15, 16 and 24 March 2016 Procedural Law-viz cause of action re the doctrine against benefiting from one's own wrongs.Law of Contract-viz essential elements re consensus ...

HB95-11 : MADINDA NDLOVU vs HIGHLANDERS FOOTBALL CLUB
Ruled By: CHEDA J

30 JUNE 2011 Procedural Law-viz summary judgment re debt.Law of Contract-viz debt re contractual debt.Law of Contract-viz debt re acknowledgement of debt.Law of ...

HB94-16 : ARENEL SWEETS AND BISCUITS (PVT) LTD vs ALEXANDER FORBES RISKS SERVICES ZIMBABWE
Ruled By: MAKONESE J

4 and 24 March 2016 Insurance Law-viz insurance broking.Procedural Law-viz cause of action re plea in bar.Procedural Law-viz cause of action re exception.Procedural Law-viz rules ...

HB94-11 : GOLDEN MOYO vs STEPHEN MKOBA and DISTRICT ADMINISTRATOR, MIDLANDS PROVINCE and GOVERNOR, MIDLANDS PROVINCE and MINISTER OF LOCAL GOVERNMENT and PRESIDENT OF THE REPUBLIC OF ZIMBABWE
Ruled By: NDOU J

20 and 30 June 2011 Procedural Law-viz final orders re confirmation and discharge of a provisional order.Procedural Law-viz final orders re confirmation and discharge of ...

HB94-09 : NOMALANGA SIBANDA vs GIVEN NYATHI and SEHLISO NYATHI and THE REGISTRAR OF DEEDS, BULAWAYO and BEN BARON AND PARTNERS
Ruled By: KAMOCHA J

25 March 2008, 16 July and 17 September 2009 Procedural Law-viz provisional order re confirmation of interim interdict.Procedural Law-viz interim interdict re discharge of provisional order.Procedural Law-viz declaratory order ...

HB92-11 : MINISTER OF DEFENCE vs RANGARIRAI GUNDA
Ruled By: KAMOCHA J

6 and 19 May 2011 and 30 June 2011 Law of Property-viz vindicatory action re claim of right.Law of Property-viz rei vindictio re claim of right.Procedural Law-viz rules of ...

HB92-09 : CLYDE HOWARD vs KLIPSPRINGER ENTERPRISES (PVT) LTD and ACTION ENGINEERING AND FENCING (PVT) LTD and STANLEY STADDON and THE REGISTRAR OF COMPANIES N.O.
Ruled By: NDOU J

4, 5 and 11 November 2008 and 10 September 2009 Procedural Law-viz declaratory order.Procedural Law-viz declaratur.Company Law-viz shareholding re share transactions.Company Law-viz shareholding re share transactions iro alienation of corporate ...

HB91-10 : OSEFELUPILU MOYO (Nee SEDANGE) vs ESTER KELLY N.O. and ASSISTANT MASTER OF THE HIGH COURT
Ruled By: MATHONSI J

3 August 2010 and 2 September 2010 Procedural Law-viz citation re party acting in an official capacity.Estate Law-viz rights of beneficiaries re testate succession.Estate Law-viz removal of ...

HB91-09 : GOODBYE BENJAMIN MUHWATI vs MBONGI KWENULE THEBE
Ruled By: NDOU J

23 February and 10 September 2009 Procedural Law-viz provisional order re discharge of interim interdict iro want of prosecution.Procedural Law-viz interim interdict re discharge of provisional ...

HB90-16 : L. SACRE KWETE MINGA vs ITAYI MATIVONESE GUNDA
Ruled By: TAKUVA J

29 and 30 October 2015 and 24 March 2016 Family Law-viz division of the assets of the spouses re tacit universal partnership.Family Law-viz apportionment of matrimonial assets iro customary ...

HB90-10 : ZIMBABWE CONGRESS OF TRADE UNIONS vs OFFICER COMMANDING POLICE KWEKWE DISTRICT SUPT.MADIRO R (NO) and COMMISSIONER GENERAL OF POLICE and CO-MINISTERS OF HOME AFFAIRS
Ruled By: MATHONSI J

2 July 2010 and 26 August 2010 Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz urgent chamber application.Procedural Law-viz rules of evidence re documentary ...

HB90-09 : FIOS NCUBE vs TICHAONA GOMBA and ZIM-AUSTRALIA (PVT) LIMITED and CITY OF BULAWAYO
Ruled By: KAMOCHA J

31 August and 1, 2 & 4 September 2009 Procedural Law-viz provisional order re return day iro matter referred to trial.Procedural Law-viz interim interdict re return day iro matter ...

HB89-11 : SEHLUKENE SIBANDA vs SIFISO THEBE and ALPHA CONSTRUCTION PROPERTY DEVELOPERS and REGISTRAR OF DEEDS and CITY OF BULAWAYO
Ruled By: MATHONSI J

6 June 2011 and 23 June 2011 Law of Property-viz proof of title re immovable property iro registered rights.Law of Property-viz Deeds Registry re registration of rights ...

HB89-09 : DUMISANI NCUBE vs THE ZIMBABWE REVENUE AUTHORITY (ZIMRA)
Ruled By: NDOU J

15 July and 10 September 2009 Procedural Law-viz provisional order re urgent chamber application.Procedural Law-viz urgent chamber application re interim interdict.Tax Law-viz customs duty re smuggling ...

HB88-16 : SOLOMON MHENYU vs RUTH MLAUDZI
Ruled By: MATHONSI J

16 March 2016 and 18 March 2016 Procedural Law-viz urgent chamber application.Procedural Law-viz appeal re lapsing of an appeal.Procedural Law-viz appeal re reinstatement of a lapsed appeal.Procedural ...

HB88-13 : MARIA MANOLAKAKIS vs ESTATE LATE DR JOHN J. MANOLAKAKIS and ESTATE LATE EVANGELIA PATRINOS and IOANNIS IOANNIDIS and CONSTANDINOS PATRINOS and ROBERT BOWES and DEPUTY MASTER
Ruled By: MAKONESE J

31 June 2012 and 23 May 2013 Procedural Law-viz absolution from the instance.Estate Law-viz division of estate assets re rights of beneficiaries iro testate succession.Estate Law-viz distribution ...

HB88-11 : DEBORAH NGWENYA and NDABEZINHLE NGWENYA and NQOBIZITHA NGWENYA and NOMATHAMSANQA NGWENYA vs GLORY MPOFU N.O. and SIPHATHISIWE NCUBE and ASSISTANT MASTER OF THE HIGH COURT
Ruled By: KAMOCHA J

8 and 23 June 2011 Procedural Law-viz citation re party acting in an official capacity.Estate Law-viz division of estate property re Distribution Account iro seting ...

HB87-16 : COLD STORAGE COMPANY LTD vs ADDITIONAL SHERIFF OF THE HIGH COURT – E.M. MAGARA N.O. and HOLLANDS REAL ESTATE and AHMED ESAT and TREVOR AND TALENT and REGISTRAR OF DEEDS
Ruled By: MAKONESE J

11, 16 and 24 March 2016 Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz urgent chamber application re stay of execution.Procedural Law-viz citation ...

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HB87-13 : SAMMY'S GROUP PL T/A KINGS AUCTION CENTRE vs JOHN MEYBURGH (NO) and NUGLO INVESTMENTS (PRIVATE) LIMITED and C.W ELECTRICAL (PRIVATE) LIMITED and REGISTRAR OF COMPANIES, N.O.
Ruled By: MAKONESE J

21 March 2013 and 16 May 2013 Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz exception.Procedural Law-viz consolidation of matters.Procedural Law-viz special plea.Law of ...

HB87-11 : WOMEN OF ZIMBABWE ARISE TRUST vs THE OFFICER IN CHARGE C.I.D. LAW AND ORDER and THE OFFICER COMMANDING C.I.D LAW AND ORDER CHIEF SUPERINTENDENT P.R. MOYO and ANOTHER
Ruled By: MATHONSI J

17 June 2011 and 23 June 2011 Procedural Law-viz urgent chamber application.Procedural Law-viz rules of evidence re warrant of entry.Procedural Law-viz rules of evidence re warrant of ...

HB87-10 : METALLION GOLD ZIMBABWE vs EUROTECH PLANT & EQUIPMENT (PVT) LTD and THE DEPUTY SHERIFF
Ruled By: MATHONSI J

16 August 2010 and 19 August 2010 Procedural Law-viz urgent chamber application.Procedural Law-viz urgent application re stay of execution.Procedural Law-viz provisional order re draft of interim interdict ...

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