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Civil Cases

HB43-10 : QHUBEKANI DUBE and MQONDISI MOYO and PHATHISANI NONDO vs CONSTITUTIONAL SELECT COMMITTEE (COPAC)
Ruled By: NDOU J

17, 21 and 24 June 2010 Procedural Law-viz urgent chamber application.Administrative Law-viz administrative decision re unfair administrative decision iro section 3(1)(a) of the Administrative Justice Act ...

HB43-09 : THULANI NDLOVU vs SHEPERD MUKURUVA and GRACE MUGWAGWA and REGISTRAR OF DEEDS
Ruled By: NDOU J

8 May 2006 and 2 April 2009 Law of Property-viz double sale re immovable property.Procedural Law-viz provisional order.Procedural Law-viz interim interdict.Procedural Law-viz final order re conflicting judgments ...

Appealed
HB42-14 : MINISTER OF HIGHER & TERTIARY EDUCATION vs BMA FASTENERS PL and CHRISTOPHER MASWI N.O (as Provisional Judicial Manager of BMA FASTENERS PL) and MASTER OF THE HIGH COURT OF ZIMBABWE N.O.
Ruled By: MAKONESE J

13 February and 20 February 2014 Procedural Law-viz citation re party acting in an official capacity.Insolvency Law-viz suing of a company under judicial management.Procedural Law-viz form ...

HB42-13 : LILIAN MOYO vs DOUGLAS CHIDUMO
Ruled By: NDOU J and KAMOCHA J

29 October 2012 and 21 February 2013 Procedural Law-viz civil appeal.Law of Property-viz proof of title re immovable property iro registered rights.Family Law-viz division of the assets ...

HB42-11 : CASSIM SIBANDA (On behalf of Nathan Madzwanya and Kudzanai Madzwanya) vs BERNADETTE MUJURU
Ruled By: KAMOCHA J

28 February and 3 March 2011 Procedural Law-viz summary judgment.Law of Contract-viz breach of contract clause.Law of Contract-viz dispute resolution clause.Law of Contract-viz breach of contract ...

HB42-10 : CASTRO NDLOVU vs IAN DAVID GUTHERLESS N.O. and DONALD MAZWI SIBINDI
Ruled By: KAMOCHA J

16 and 24 June 2010 Procedural Law-viz default judgment.Land Acquisition-viz compulsory acquisition re Certificate of No Interest iro section 47 of the Land Acquisition Act ...

HB42-09 : MARGRET MOYO vs MR SIZIBA and DOKOTELA OMNIBUS, represented by R DOKOTELA and TRUST INSURANCE BROKERS
Ruled By: NDOU J

13 and 26 March 2009 Procedural Law-viz prescription re special plea.Procedural Law-viz prescription re timing of issue of summons.Procedural Law-viz prescription re supporting affidavit.Procedural Law-viz ...

HB41-15 : CHITRINS GARAGE (PVT) LTD (In Provisional Liquidation) vs CHYCRY TRADING (PVT) LTD and DUMISANI MUTORERA
Ruled By: MOYO J

6 February and 5 March 2015 Procedural Law-viz urgent application.Insolvency Law-viz proceedings involving a company in liquidation re section 221 of the Companies Act [Chapter 24:03].Procedural ...

HB41-14 : ITYAI NKOMO and 2 OTHERS vs T.M. SUPERMARKETS (PVT) LTD
Ruled By: KAMOCHA J

5, 6 and 20 February 2014 Procedural Law-viz final orders re dismissal of a matter for want of prosecution iro Rule 236(4)(b).Procedural Law-viz rules of court ...

HB41-10 : NQOBIZITHA MICHAEL DUBE vs SIPHIWE MTHUPHA and BULAWAYO CITY COUNCIL and THE REGISTRAR OF DEEDS
Ruled By: KAMOCHA J

16 and 24 June 2010 Procedural Law-viz default judgment re failure to appear.Procedural Law-viz declaratory order re declaratur as to the validity of an Agreement ...

HB41-09 : THANDAZO RETAIL AND MARKETING (PVT) LTD T/a STRIDES BOUTIQUE AND FUNKEE MUNKEE vs MAIN MOTORS (PVT) LTD AND REFCO (PVT) LTD
Ruled By: NDOU J

13 and 19 March 2009 Procedural Law-viz points in limine re technical objections.Procedural Law-viz points in limine re technical objections iro prejudice.Law of Property-viz lease ...

HB40-14 : DHERERAI MANYONI vs SUPERINTENDENT NDLOVU and OFFICER COMMANDING BULAWAYO PROVINCE
Ruled By: KAMOCHA J

5, 7 and 20 February 2014 Procedural Law-viz review re unterminated proceedings.Procedural Law-viz review re incomplete proceedings.Procedural Law-viz review proceedings re record of proceedings.Procedural Law-viz rules ...

HB40-13 : GARIYA SAFARIS (PVT) LTD vs TSHOLOTSHO RURAL DISTRICT COUNCIL
Ruled By: NDOU J

5 November 2012 and 21 February 2013 Tourism and Parks and Wildlife Management-viz hunting operations.Procedural Law-viz final orders re confirmation of provisional order.Procedural Law-viz final orders re ...

HB40-11 : TINASHE CHIKARA vs VENNAH MATIKA
Ruled By: MATHONSI J

25 February and 3 March 2011 Family Law-viz division of the assets of the spouses re unregistered customary law union.Family Law-viz distribution of matrimonial assets re ...

HB40-09 : ERICK TANGWARA vs BHEKISIPO FUYANA
Ruled By: CHEDA J

5 March 2009 and 2 April 2009 Procedural Law-viz urgent chamber application re interim interdict pendente lite.Legal Practitioners-viz professional ethics.Procedural Law-viz recusal re judicial bias.Law of Property-viz ...

HB39-14 : SECE NYATHI vs ROSEMARY NYATHI (NEE SIBANDA)
Ruled By: MOYO J

20 January and 20 February 2014 Procedural Law-viz rules of evidence re documentary evidence.Procedural Law-viz disputes of fact.Procedural Law-viz dispute of facts.Procedural Law-viz conflict of facts.Law ...

HB39-13 : KARREN DUBE vs LUPANE STATE UNIVERSITY and MCLEAN BHALA
Ruled By: CHEDA AJ

16 January and 21 February 2013 Procedural Law-viz citation.Labour Law-viz contract of emplyment re job description.Labour Law-viz employment contract re allocation of responsibilities.Procedural Law-viz locus standi.Administrative ...

HB39-10 : UNITED ASSOCIATES vs HIPPO VALLEY ESTATES LIMITED
Ruled By: KAMOCHA J

9 and 17 June 2010 Law of Contract-viz specific performance re specific performance ex contractu.Law of Contract-viz specific performance re damages in lieu of specific ...

HB38-14 : KUMBIRAI RUGUVA vs STAR LOTTO ZIMBABWE (PVT) LTD
Ruled By: MOYO J

31 January and 20 February 2014 Lotteries and Gaming Law-viz lotto lottery.Procedural Law-viz citation re mis-description of a litigant.Procedural Law-viz citation re incorrect description of a ...

HB38-13 : MKANDLA TOURS AND TRANSPORT vs UNIQUIP (PVT) LTD and TAWANDA PUCHE
Ruled By: CHEDA AJ

8 and 9 November 2012 and 21 February 2013 Law of Delict-viz negligence re road traffic accident.Damages-viz delictual damages re economic loss iro road traffic accident.Law of Delict-viz vicarious ...

HB38-11 : JONATHAN NATHANIEL MOYO vs JOHN LANDA NKOMO and DUMISO DABENGWA
Ruled By: BERE J

3 February 2011 Law of Delict-viz defamation.Damages-viz delictual damages re defamation damages.Damages-viz principle of currency nominalism.Damages-viz revalorization of debt.Procedural Law-viz pleadings re amendment ...

HB38-10 : MARBLE T. T. MOYO vs BICKELIA MAJOLA
Ruled By: KAMOCHA J

11 and 17 June 2010 Procedural Law-viz rescission of judgment re default judgment.Procedural Law-viz default judgment re matter set down on unopposed roll.Procedural Law-viz declaratory ...

HB38-09 : GREENFIELD NYONI vs MRS. L. P. ELMISSING and MR.M. M. ELMISSING
Ruled By: CHEDA J

10 March 2009 and 2 April 2009 Procedural Law-viz directions of the court.Procedural Law-viz judicial directives.Procedural Law-viz enforcement of court orders.Procedural Law-viz appeal re interlocutory judgments.Procedural Law-viz ...

HB37-14 : STANBIC BANK ZIMBABWE LIMITED vs NEIL WILLIAM RIX and FRANCOIS VAN DER ZEE and ALCO FOREST INDUSTRIES (PVT) LTD
Ruled By: KAMOCHA J

24 January and 13 and 20 February 2014 Procedural Law-viz appeal re leave to execute pending appeal.Law of Contract-viz debt re debt security iro suretyship agreement.Law of Contract-viz ...

HB37-09 : MARGRET CAROL COLER vs MAXWEL SHUMBA
Ruled By: KAMOCHA J

24, 25 February, 19 March, 2 April, 3 & 26 November 2009 Law of Contract-viz notice of cancellation of agreement re section 40 of the Interpretation Act [Chapter 1:01].Law of Contract-viz notice ...

HB36-14 : PLAUDIT CHEMICALS CC vs AFRICAN ASSOCIATED MINES and SMM HOLDINGS (PRIVATE) LIMITED
Ruled By: MAKONESE J

31 January 2012, 19 September 2013 and 20 February 2014 Legal Practitioners-viz professional ethics.Law of Contract-viz debt re contractual debt.Procedural Law-viz rules of evidence re evidence on behalf of a ...

HB36-11 : MAKROMED (PRIVATE) LIMITED t/a CATECHO ENTERPRISES vs MEDICINES CONTROL AUTHORITY OF ZIMBABWE
Ruled By: MATHONSI J

24 February 2011 and 3 March 2011 Procedural Law-viz declaratory order.Procedural Law-viz declaratur.Procedural Law-viz rules of evidence re documentary evidence.Administrative Law-viz administrative decision re section 3 of ...

HB36-10 : JAMESON ZOWA vs SUSAN ZOWA
Ruled By: KAMOCHA J

9 June 2010 Procedural Law-viz condonation.Procedural Law-viz discovery re notice to make discovery.Procedural Law-viz pleadings re striking out of defence iro failure to ...

HB36-09 : SABRINA MUDENDA vs ANDREW MUZUWANI MUDENDA
Ruled By: NDOU J

5, 6 and 12 March 2009 Family Law-viz decree of divorce re irretrievable breakdown of the marriage.Family Law-viz custody re minor child of the marriage.Family Law-viz ...

HB35-11 : CARSLONE ENTERPRISES P/L vs WILSON SVOVA
Ruled By: MATHONSI J

24 February and 3 March 2011 Procedural Law-viz rules of evidence re documentary evidence.Land Acquisition-viz compulsory acquisition re farmland.Procedural Law-viz provisional order.Procedural Law-viz interim interdict.Procedural Law-viz ...

HB35-10 : NATHAN MADZVANYA and KUDZANAI SIBANDA vs BERNADETTE MUJURU and REGISTRAR OF DEEDS N.O.
Ruled By: KAMOCHA J

2 June 2010 Procedural Law-viz default judgment re non-appearance at hearing.Procedural Law-viz final order re ex tempore judgment.Law of Property-viz instalment sale of ...

HB34-11 : MINING INDUSTRY PENSION FUND (MIPF) vs BANLAX and TAURAI TADERERA and JORAM TAPFUMA
Ruled By: MATHONSI J

22 February and 3 March 2011 Procedural Law-viz summary judgment re eviction.Procedural Law-viz rules of evidence re documentary evidence.Law of Property-viz Rent Regulations re powers of ...

HB34-10 : BEAUTY DUBE vs MATHEW JOSEPH MADZUKUTURE and PROVINCIAL MAGISTRATE N.O.
Ruled By: KAMOCHA J

2 June 2010 Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz civil review.Procedural Law-viz final order re ex tempore judgment.Procedural ...

HB34-09 : NOKUKHANYA MOYO vs ROBERT MOYO
Ruled By: BERE J

14 February, 23 and 29 November 2006 and 14 January 2009 Family Law-viz decree of divorce re irretrievable breakdown of the marriage relationship.Family Law-viz decree of divorce re irreconcilable differences iro ...

View Appeal
HB33-11 : RUMTOWERS SECURITY (PRIVATE) LIMITED vs SUPERBAKE BAKERIES (PRIVATE) LIMITED
Ruled By: MATHONSI J

22 and 24 February 2011 Law of Contract-viz debt re contractual debt.Procedural Law-viz summary judgment.Procedural Law-viz summary judgment re claim for damages.Company Law-viz legal personality ...

HB33-10 : PANSIKWE MINERALS CO-OPERATIVE vs FOREMAN HLABANGANA and CONSOLIDATED PRE-CO-OPERATIVE
Ruled By: NDOU J

24 May and 3 June 2010 Procedural Law-viz urgent chamber application.Mining-viz mining claims.Procedural Law-viz counterclaim.Procedural Law-viz claim in reconvention.Administrative Law-viz mining re decision of Mining Commissioner.Administrative ...

HB33-09 : CASTRO NDLOVU vs IAN DAVID GUTHERLESS N.O. and DONALD MAZWI SIBINDI and DIDYMUS MUTASA N.O. and THE MASTER OF THE HIGH COURT and THE REGISTRAR OF DEEDS-BULAWAYO
Ruled By: KAMOCHA J

27 and 29 January and 26 March 2009 Procedural Law-viz default judgment.Procedural Law-viz declaratory order.Procedural Law-viz declaratur.Land Acquisition-viz Certificate of No Present Interest.Land Acquisition-viz eviction re Certificate of ...

HB32-14 : ZUVA PETROLEUM ONE (PVT) LTD vs TAWANDA RUZIVE
Ruled By: KAMOCHA J

24 January and 13 February 2014 Procedural Law-viz provisional sentence.Law of Contract-viz debt re acknowledgement of debt.Law of Contract-viz debt re acknowledgement of debt iro liquid ...

HB32-11 : WINFILDA ZVAVAMWE vs ALICE MPOFU and ANNA SIBANDA and THE ADDITIONAL ASSISTANT MASTER N.O. and BULAWAYO CITY COUNCIL
Ruled By: KAMOCHA J and MATHONSI J

21 and 24 February 2011 Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz civil appeal.Estate Law-viz division of the assets of the ...

HB32-10 : CHIGOZIE KINGSLEY OBI vs THE STATE and THE CHIEF IMMIGRATION OFFICER (BULAWAYO)
Ruled By: NDOU J

26 May and 3 June 2010 Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz urgent chamber application.Immigration Law-viz immigration detention.Procedural Law-viz declaratory order.Procedural ...

HB31-10 : BROOKLANDS HUNTING SAFARIS (PVT) LTD vs PABST HOLDINGS (PVT) LTD t/a CHAPUNGU RANCH and LOWVELD MARKETING SERVICES (PVT) LTD and MR WILLIAM PABST
Ruled By: KAMOCHA J

28, 30 December 2009 and 7 January and 27 May 2010 Procedural Law-viz urgent chamber application.Water Law-viz unregistered servitude of passage of water.Water Law-viz registration of servitude re section 75 of ...

HB31-09 : ZIMBABWE NATIONAL ARMY vs RANGARIRAYI GUNDA
Ruled By: NDOU J

12 March 2009 Procedural Law -viz provisional order.Procedural Law-viz interim interdict re urgent chamber application.Law of Property-viz vindicatory action.Law of Contract-viz antecedent agreement.Law ...

HB30-11 : FISO FIKILINI vs JUMA JAMU
Ruled By: MATHONSI J

18 February and 24 February 2011 Procedural Law-viz summary judgment re eviction.Procedural Law-viz locus standi in judicio.Procedural Law-viz rules of evidence re documentary evidence.Law of Property-viz ...

HB29-11 : TINOFARA KUDAKWASHE HOVE vs THE COMMISSIONER-GENERAL ZIMRA
Ruled By: MATHONSI J

15 February 2011 and 24 February 2011 Procedural Law-viz urgent chamber application.Tax Law-viz immigrants rebate re S.I.154 of 2001.Tax Law-viz immigrants rebate re SI 154 of 2001.Tax ...

HB28-14 : DHERERAI MANYONI vs COMMISSIONER GENERAL OF POLICE and CHIEF SUPERINTENDENT KUNENE and CO-MINISTERS OF HOME AFFAIRS
Ruled By: MOYO J

25 October 2013 and 13 February 2014 Procedural Law-viz civil review re grounds for review iro section 27 of the High Court Act [Chapter 7:06].Procedural Law-viz appeal ...

HB28-11 : JOHN MAFANATO and FAINOS MOYO and HAPAZANI PARADZAI vs MS MUDAVANHU, CIVIL MAGISTRATE, GWERU and COURTNEY SHIELDS FERGUSON
Ruled By: NDOU J

31 January, 2 and 17 February 2011 Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz urgent chamber application.Procedural Law-viz postponement of proceedings.Procedural Law-viz ex ...

HB28-10 : MABEL TATSHI NDLOVU vs PATRICK NDLOVU and LINDELWE MLOTSHWA and THE REGISTRAR OF DEEDS, BULAWAYO
Ruled By: KAMOCHA J

14 and 20 May 2010 Procedural Law-viz default judgment re failure to appear.Family Law-viz division of the assets of the spouses re immovable property.Family Law-viz ...

HB28-09 : LANGALIBALELE ETHAN DUBE and THENJIWE DUBE vs THEOPHILUS MALI ZONDO and REGISTRAR OF DEEDS
Ruled By: NDOU J

12 February and 12 March 2009 Procedural Law-viz rescission of judgment.Procedural Law-viz default judgment.Procedural Law-viz rules of court re High Court Rules iro Rule 63(1).Procedural Law-viz ...

HB27-15 : MONICA DHLIWAYO vs BONGANI NDLOVU (as Executor Dative estate Late Jubane James Jack) and ESTATE LATE JUBANE JAMES JACK and CLEMENTINE JACK and DEPUTY MASTER OF THE HIGH COURT
Ruled By: MAKONESE J

20-21 January and 19 February 2015 Procedural Law-viz urgent chamber application re provisional order iro the anti-dissipation interdict.Procedural Law-viz urgent application re interim interdict iro the ...

HB27-14 : PROMISE DANISA vs UMKHONTO WENGUQUKO CO-OPERATIVE
Ruled By: MUTEMA J

22 November 2013 and 13 February 2014 Law of Property-viz vindicatory action re eviction.Law of Property-viz rei vindicatio re eviction.Procedural Law-viz default judgment re failure to enter ...

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