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Civil Cases

HB65-13 : ANATOTH MINING (PVT) LTD vs BRIGHTON NYAMUCHO and GARLOREM RESOURCES (PVT) LTD t/a KIMS INVESTMENTS
Ruled By: KAMOCHA J

8, 14 and 21 March 2013 Mining-viz Tribute Agreement.Law of Contract-viz option.Law of Contract-viz termination re notice of cancellation.Law of Contract-viz cancellation re notice of termination.Law ...

HB65-10 : (1) CEDOR PARK FARM (PVT) LTD and (2) DAVID STEWART CRAWFORD vs THE MINISTER OF STATE FOR NATIONAL SECURITY, LAND, LAND REFORM AND RESETTLEMENT IN THE PRESIDENT'S OFFICE and OTHERS
Ruled By: KAMOCHA J

12 January and 15 July 2010 Procedural Law-viz urgent chamber application.Procedural Law-viz consolidation of matters.Land Acquisition-viz compulsory acquisition re farmland iro section 5(1) of the Land ...

HB65-09 : ELPHAS MAPHISA vs NHLANHLA MAPHISA
Ruled By: KAMOCHA J

26 and 27 May and 9 June 2009 Legal Practitioners-viz right of audience before the court re self-actors.Legal Practitioners-viz right of audience before the court re litigants in ...

HB64-13 : GARIYA SAFARIS (PVT) LTD vs TSHOLOTSHO RURAL DISTRICT COUNCIL and THEMBA MOYO
Ruled By: CHEDA AJ

29 January and 21 March 2013 Procedural Law-viz urgent chamber application.Procedural Law-viz directions of the court.Tourism and Parks and Wildlife Management-viz hunting operations.Procedural Law-viz rules of ...

HB64-11 : ARJUN INVESTMENETS (PVT) LTD vs THOMAS MUTAMBIRWA and FLORENCE VENTER and SARAH NDLOVU and TENDAI CHIEZA and OTHERS
Ruled By: CHEDA J

14 March 2011 and 16 June 2011 Procedural Law-viz urgent chamber application.Procedural Law-viz declaratory order.Procedural Law-viz declaratur.Law of Property-viz lease agreement re termination iro notice of cancellation.Law ...

HB64-10 : (1) SHARON KENNY and ESTATE LATE TERENCE KENNY and (2) KNIGHT NCUBE vs (1) KNIGHT NCUBE and (2) SHARON KENNY and ESTATE LATE TERENCE KENNY
Ruled By: NDOU J

5 June 2009 and 22 July 2010 Procedural Law-viz consolidation of matters.Procedural Law-viz declaratory order.Procedural Law-viz declaratur.Land Acquisition-viz lawful authority to occupy.Land Acquisition-viz compulsory acquisition re farmland.Procedural ...

HB63-13 : CHIEF GAMPU SITHOLE and GAMPU TOURS (PVT) LTD vs KENNEDY C. NDLOVU and THE DEPUTY SHERIFF OF BULAWAYO N.O.
Ruled By: MUTEMA J

12 and 14 March 2013 Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz urgent chamber application.Procedural Law-viz urgent application re stay of ...

HB63-11 : TAFARA CHATORA and FRANCO MUNETSI KATSANDE and MELUSI NDLOVU and ENOS NDLOVU vs THE CHAIRPERSON, WESTERN REGION RENT BOARD and P D S INVESTMENTS (PVT) LTD
Ruled By: MATHONSI J

4 May 2011 and 12 May 2011 Law of Property-viz Rent Regulations re statutory tenant.Law of Property-viz Rent Regulations re statutory tenancy iro S.I.32 of 2007.Law of ...

HB63-10 : SALLY MAPLANKA vs B. A. NCUBE HOLDINGS
Ruled By: NDOU J

13 July 2009 and 15 July 2010 Procedural Law-viz Stated Case proceedings re Rule 199. Procedural Law-viz rules of court re High Court Rules iro Rule 199.Procedural ...

HB62-11 : JABULANI NYONI vs DIBDEN SERVICES (PVT) LTD and MINISTER OF STATE FOR NATIONAL SECURITY, LAND REFORM & RESETTLEMENT IN THE PRESIDENT'S OFFICE
Ruled By: KAMOCHA J

15 and 28 April 2011 Procedural Law-viz urgent chamber application.Procedural Law-viz urgent application re stay of execution.Procedural Law-viz final orders re brutum fulmen judgment.Procedural Law-viz ...

HB62-10 : CORNIEL DUBE vs GEORGE GRAHAM and OFFICER-IN-CHARGE, MBEMBESI POLICE STATION and DEPUTY SHERIFF FOR BULAWAYO
Ruled By: NDOU J

24 July 2009 and 15 July 2010 Land Acquisition-viz resettlement and operational challenges of the land reform.Agency Law-viz appointment of agent.Administrative Law-viz allocation of land under the ...

HB62-09 : SAI ENTERPRISES (PRIVATE) LIMITED vs GIRDLE ENTERPRISES (PRIVATE) LIMITED t/a QUALITY ENGINEERING SERVICES (PRIVATE) LIMITED
Ruled By: NDOU J

14 May and 4 June2009 Procedural Law-viz rescission of judgment.Procedural Law-default judgment.Procedural Law-viz rescission of judgment re notice of set down.Procedural Law-viz rules of court ...

HB61-13 : TIMOTHY NKOMO vs CITY OF BULAWAYO and FRONT HUNK MARKETING (PVT) LTD
Ruled By: CHEDA AJ

6 February and 14 March 2013 Procedural Law-viz civil review re administrative decision.Local Authorities-viz lease agreement with a local authority.Local Authorities-viz powers to retake possession re ...

HB61-11 : ZPRA VETERANS TRUST vs FALLEN HEROES TRUST and GEORGE RUTANHIRE and THERESA MAKONE, N.O. and KEMBO MOHADI (Co-Ministers of Home Affairs)
Ruled By: MATHONSI J

6 April and 7 April 2011 Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz urgent chamber application.Procedural Law-viz directions of the court.Procedural Law-viz ...

HB61-10 : LUXION TACHIONA and NONTOKOZO DUBE vs NATIONAL RAILWAYS OF ZIMBABWE
Ruled By: NDOU J

2 June 2008 and 15 July 2010 Procedural Law-viz Stated Case re Rule 199.Procedural Law-viz rules of court re High Court Rules iro Rule 199.Procedural Law-viz High ...

HB61-09 : SARAH MLANGENI vs TREZIAH NDLOVU
Ruled By: BERE J

29 August 2006 and 21 May 2009 Procedural Law-viz urgent chamber application re notice of opposition.Procedural Law-viz notice of opposition re timing of filing of notice of ...

HB60-15 : JABULANI NCUBE vs INNOCENT NYATHI
Ruled By: MOYO J

23 February and 19 March 2015 Procedural Law-viz condonation re late filing of court papers.Procedural Law-viz jurisdiction re judicial deference iro assessment of prospects in the ...

HB60-11 : REZIMOSI DUBE vs SANDRA FARAI DUBE
Ruled By: KAMOCHA J

28 and 29 May 2009; 2, 3, 4, 8 and 9 June 2009 and 7 April 2011 Family Law-viz decree of divorce re civil marriage.Family Law-viz decree of divorce re irretrievable breakdown of the marriage.Procedural Law-viz final ...

HB59-15 : NOMUSA NCUBE (as Executrix Dative of Estate Late Alice Nkala) vs GOODWILL NKALA
Ruled By: MOYO J

23 February and 19 March 2015 Procedural Law-viz summary judgment re eviction proceedings.Law of Property-viz vindicatory action re claim of right.Law of Property-viz rei vindicatio re ...

HB59-13 : COMMISSIONER GENERAL OF POLICE vs FARAI BASIL NYAPOKOTO
Ruled By: MAKONESE J

5 March and 14 March 2013 Procedural Law-viz urgent chamber application.Procedural Law-viz urgent application re stay of execution.Procedural Law-viz rules of evidence re documentary evidence.Procedural Law-viz ...

Appealed
HB59-09 : DINESH MANILAL NARAN vs RONNAH MAFURIRANO and THE REGISTRAR OF DEEDS
Ruled By: KAMOCHA J

6 and 7 March 2008 and 21 May 2009 Procedural Law-viz declaratory order.Procedural Law-viz declaratur.Law of Property-viz passing of ownership re implied lawful right of ownership.Law of Property-viz proof ...

HB58-15 : TRIANIC INVESTMENTS (PVT) LTD and MEYER DRAY vs NQOBILE KHUMALO and FRANCESCA MUFAMBI and OFFICER-IN-CHARGE (FILABUSI) ZIMBABWE REPUBLIC POLICE
Ruled By: MOYO J

3 and 19 March 2015 Procedural Law-viz urgent application re stay of execution.Procedural Law-viz urgent application re provisional order iro interim interdict pendente lite.Procedural ...

HB58-13 : WOMEN IN MINING (GWERU DIVISION) MATCSS SYNDICATE vs SAMUEL MAGEJA and NORMAN CHIVU and TOZIVEPI SHUMBA and MIGIEL JOVNER and MINING COMMISSIONER (GWERU)
Ruled By: CHEDA AJ

20 February and 14 March 2013 Procedural Law-viz cause of action re clarity as to the cause of action.Procedural Law-viz final orders re confirmation of provisional ...

HB58-11 : TRADEPASS MARKETING SERVICES (PVT) LIMITED T/A OUTREACH FOR JESUS CARPENTERS vs M. FILANNINO AND MARKOU M and JOHN POCOCK AND COMPANY (PVT) LIMITED and OTHERS
Ruled By: MATHONSI J

28 and 31 March 2011 Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz automtic bar re intention to bar iro notice of ...

HB57-16 : HAMUTENDI KOMBAYI and OTHERS vs MINISTER OF LOCAL GOVERNMENTand PROVINCIAL ADMINISTRATOR, MIDLANDS PROVINCE and DR LUCKSON CHIKUMBIRIKE NO. and MR G. N KHOSA NO. and NICHOLAS MOYO NO.
Ruled By: BERE J

18 and 22 February 2016 Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz final orders re confirmation of a provisional order.Procedural Law-viz ...

HB57-15 : SIPIWO NKOMO vs MLWELIWENKULULEKO NCUBE
Ruled By: MUTEMA J

3 and 12 March 2015 Procedural Law-viz default judgment re rescission of judgement.Procedural Law-viz default judgement re unopposed proceedings.Procedural Law-viz final orders re the final ...

HB57-11 : TRADEPASS MARKETING SERVICES (PVT) LIMITED T/A OUTREACH FOR JESUS CARPENTERS vs M. FILANNINO AND MARKOU M and JOHN POCOCK AND COMPANY (PVT) LIMITED and OTHERS
Ruled By: MATHONSI J

28 and 31 March 2011 Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz declaratory order.Procedural Law-viz declaratur.Procedural Law-viz automatic bar re filing ...

HB57-09 : TRYSON INVESTMENTS vs MAPLE LEAF MINING (represented by Cecil Madondo N. O.) and MINING COMMISSIONER
Ruled By: NDOU J

30 April and 7 May 2009 Procedural Law-viz provisional order re disposal of mining claims.Procedural Law-viz interim interdict re disposal of mining claims.Mining-viz mining claims.Mining-viz Tribute ...

HB56-15 : GLADYS KARENGWA vs ALBERT MPOFU
Ruled By: MAKONESE J

2 March and 19 March 2015 Procedural Law-viz final orders re dismissal of a matter for want of prosecution iro Rule 236 of the High Court ...

HB56-13 : REGINALD MAPIKA vs CHAIRMAN OF POLICE SERVICE COMMISSION and COMMISSIONER GENERAL OF POLICE and CHIEF SUPERINTENDENT MASINA and OFFICER COMMANDING BULAWAYO PROVINCE and MINISTERS
Ruled By: CHEDA AJ

28 January and 7 March 2013 Procedural Law-viz citation re party acting in an official capacity.Labour Law-viz public service re police force.Procedural Law-viz civil review.

HB56-11 : ELIZABETH READ vs MAIKOL PHIRI and JENNIFER PHIRI and REGISTRAR OF DEEDS
Ruled By: CHEDA J

28 and 31 March 2011 Procedural Law-viz final orders re confirmation of provisional order.Procedural Law-viz final orders re discharge of interim interdict.Law of Contract-viz option.Law ...

HB56-10 : GRACE KHUMALO vs PARIS MPOFU and THE DEPUTY SHERIFF
Ruled By: MATHONSI J

6 July 2010 and 8 July 2010 Procedural Law-viz urgent chamber application.Procedural Law-viz urgent application re stay of execution.Procedural Law-viz urgent chamber application re stay of execution ...

HB56-09 : BENTONS (PVT) LTD vs SWAN PROPERTIES (PVT) LTD
Ruled By: NDOU J

4 and 7 May 2009 Procedural Law-viz provisional order.Procedural Law-viz interim interdict.Law of Property-viz property given grantis re donation.Law of Property-viz agreement of lease re ...

HB54-13 : NKOSITHABILE MDLONGWA vs MLUNGISI NGWENYA
Ruled By: MAKONESE J

16 May 2012 and 7 March 2013 Procedural Law-viz automatic bar re failure to enter appearance to defend.Procedural Law-viz default judgment.Law of Delict-viz contumelia.Law of Delict-viz unlawful ...

HB54-10 : VISION SITHOLE vs LESLIE KHUMALO and DEPUTY SHERIFF
Ruled By: KAMOCHA J

30 June and 8 July 2010 Procedural Law-viz stay of execution.Procedural Law-viz stay of execution re judicial ejectment.Procedural Law-viz stay of execution re judicial ejectment iro ...

HB54-09 : GERHARDUS HERMANUS GROVE vs ALECK KADYE N.O. and ATTORNEY GENERAL N.O.
Ruled By: NDOU J

28 April and 7 May 2009 Procedural Law-viz provisional order.Procedural Law-viz interim interdict.Procedural Law-viz rules of evidence re documentary evidence.Procedural Law-viz rules of evidence re expert ...

HB53-16 : RAILINGS ENTERPRISES (PVT) LTD T/A PAROAN TRUCKING vs DOWOOD SERVICES (PVT) LTD /T/A BRADFIELD MOTORS and DAVID LUWO and ROSE LUWO
Ruled By: MATHONSI J

18 and 25 February 2016 Law of Contract-viz debt re contractual debt.Law of Contract-viz debt re acknowledgement of debt re summary judgment.Law of Contract-viz debt ...

HB53-15 : ZB BUILDING SOCIETY vs TAKESURE MASANZU
Ruled By: MOYO J

10, 11 February and 19 March 2015 Law of Property-viz vindicatory action re eviction proceedings.Law of Property-viz rei vindicatio re eviction proceedings.Law of Property-viz lease agreement re ...

HB52-13 : KENES SIBANDA vs PROVINCIAL MAGISTRATE N.O. KEZI COURT and PUBLIC PROSECUTOR N.O. KEZI COURT and ATTORNEY GENERAL N.O. and MINISTER OF JUSTICE N.O.
Ruled By: CHEDA J

18 June 2009 and 28 March 2013 Procedural Law-viz citation re party acting in n official capacity.Procedural Law-viz civil review re unterminated proceedings.Procedural Law-viz urgent chamber application ...

HB51-10 : MORRIS CHINGUWA vs SIPHO NYONI and MAGISTRATE ZVISHAVANE and MR MUTSUNGUMA N.O. THE MESSENGER OF COURT/D/SHERIFF
Ruled By: MATHONSI J

30 June 2010 and 1 July 2010 Procedural Law-viz citation re party acting in an official capacity.Procedural law-viz judicial arbitration re customary courts.Procedural Law-viz judicial arbitration re ...

HB49-10 : SUPERINTENDENT ERNEST HUNGWE vs COMMISSIONER GENERAL AUGUSETINE CHIHURI and SERGEANT ONISMAS MAWEREZA
Ruled By: CHEDA J

16 June 2010 and 15 July 2010 Procedural Law-viz rescission of judgment.Procedural Law-viz rescission of judgment re rescission of judgment of a provisional order granted in error ...

HB49-09 : RHODA MHLANGA vs RICHARD NDEBELE and REGISTRAR OF DEEDS [N.O.]
Ruled By: NDOU J

7 November 2008 and 9 April 2009 Law of Contract-viz specific performance re specific performance ex contractu.Law of Contract-viz specific performance re agency.Agency Law-viz specific performance ex ...

HB48-15 : EBENEZER TRUST vs THE MINISTER OF LANDS AND RURAL RESSETTLEMENT and P. K. MHLANGA N.O. (as Acting District Lands Officer) and RHODIE MASHINGAIDZE and CHIEF MASUKU
Ruled By: MOYO J

19 February and 12 March 2015 Procedural Law-viz citation re party acting in an official capacity iro nominus officae.Procedural Law-viz citation re party acting in an ...

HB48-14 : HERBERT SITHOLE vs PHARMACEUTICAL COUNCIL OF ZIMBABWE
Ruled By: MAKONESE J

20 March 2014 Education Law-viz examinations.Procedural Law-viz rules of evidence re documentary evidence.Administrative Law-viz administrative action re the principles of natural justice.

HB48-13 : T.M.R. (PVT) LTD vs KWEKWE PROPERTIES (PVT) LTD and PROVINCIAL MAGISTRATE, KWEKWE N.O. and MESSENGER OF COURT, KWEKWE N.O.
Ruled By: KAMOCHA J

10 December 2012 and 21 February 2013 Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz urgent chamber application re urgency.Procedural Law-viz urgent application re ...

HB48-11 : FORT GROUP ENTERPRISES (PVT) LTD vs BRIGHT INVESTMENTS (PVT) LTD
Ruled By: CHEDA J

10 March and 17 March 2011 Law of Contract-viz essential elements re undue influence.Law of Property-viz lease agreement re termination.Law of Property-viz agreement of lease re ...

HB48-09 : KUNDAYI KWARAMBA vs TITUS NDLOVU and NTANDOYENKOSI NDLOVU (NEE SIBANDA) and REGISTRAR OF DEEDS, N.O. and DEPUTY SHERIFF, BULAWAYO
Ruled By: CHEDA J

13 March 2009 and 23 April 2009 Procedural Law-viz citation re party acting in an official capacity iro nominee officii.Procedural Law-viz citation re party acting in an ...

Appealed
HB47-14 : ZIMBABWE MINING COMPANY (PVT) LTD vs OUTSOURCE SECURITY (PVT) LTD and DEPUTY SHERIFF (GWANDA) and WILLEM SMIT and S. DHLIWAYO and A.P. GLENDENING
Ruled By: KAMOCHA J

4 July and 13 March 2014 Procedural Law-viz provisional order.Procedural Law-viz interim interdict.Procedural Law-viz judicial sale in execution re movable property.Law of Contract-viz compromise agreement.Procedural Law-viz ...

HB47-13 : OSCAR BOMA and LAMECK MWANZA vs COMMISSIONER GENERAL OF ZIMBABWE REPUBLIC POLICE and CHAIRMAN OF THE POLICE SERVICE COMMISSION
Ruled By: MAKONESE J

13, 15 and 28 February 2013 Labour Law-viz public service re police force.Procedural Law-viz civil review.Procedural Law-viz pleadings re amendment to pleadings iro amendment of draft ...

HB47-09 : NOMSA MARANGO vs LEONARD NDLOVU
Ruled By: KAMOCHA J

21 May 2008 and 2 April 2009 Procedural Law-viz summary judgment.Procedural Law-viz summary judgment re eviction.Law of Property-viz eviction re summary judgment.Procedural Law-viz summary judgment re bona ...

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