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Civil Cases

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 ...

HH11-06 : ZAKEYO MEREKI vs BELL INN (PVT) LTD and MICHAEL BELINSKY and OFFICER COMMANDING MASHONALAND WEST
Ruled By: KAMOCHA J

11 and 24 January 2006 Procedural Law-viz urgent chamber application re confirmation proceedings of a provisional order.Procedural Law-viz service of court process re judicial suspension ...

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 ...

HH109-08 : LLOYD GAMBIZA vs PIKIRAI TAZIVA
Ruled By: GOWORA J

30 and 31 July and 3 August 2007 and 27 August 2008 Procedural Law-viz declaratory order.Procedural Law-viz declaratur.Law of Contract-viz termination of a contract re breach of contract.Law of Contract-viz cancellation of ...

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 judgement re eviction proceedings.Procedural Law-viz summary judgment.Labour Law-viz employment contract re termination iro retention of company property.Law ...

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 ...

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 ...

View Appeal
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 ...

View Appeal
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 ...

HH10-18 : UPENYU MASHANGWA and BLESSING MASHANGWA vs EMMANUEL MAKANDIWA and RUTH MAKANDIWA and UNITED FAMILY INTERNATIONAL CHURCH
Ruled By: MANGOTA J

6 November 2017 and 12 January 2018 Procedural Law-viz citation re legal status of litigants iro the principle of legal persona.Procedural Law-viz locus standi re legal status ...

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 ...

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