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Civil Cases

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 ...

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 ...

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