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Civil Cases

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 ...

HB46-15 : ZENZO NTULIKI vs TIMOTHY SEAN WHITE and OFFICER COMMANDING MATEBELELAND SOUTH PROVINCE and THE SHERIFF OF ZIMBABWE N.O.
Ruled By: MOYO J

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

HB46-14 : TOPPERS UNIFORMS PL vs HYDE PARK INVESTMENTS PL and TOTALLY UNIFORMS PL and AHMED ESAT and NKANI KHOZA and ZULEKA ESAT
Ruled By: MUTEMA J

7 and 13 March 2014 Procedural Law-viz urgent chamber application re interim interdict pendente confirmation proceedings.Company Law-viz shareholding re share transactions.Competition Law-viz unfair trade competition ...

HB46-10 : IRENE MASANGO vs ZANELE SIBANDA N.O. and ASSISTANT MASTER
Ruled By: KAMOCHA J

23 June 2010 Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz final order re ex tempore judgment.Procedural Law-viz rescission of ...

HB46-09 : HERBERT SIKHOSANA vs ESTATE LATE A MTSANA and SHOWLAST NCUBE and NAPFUTALI SIBANDA and ZANELE NCUBE and NOKUTHULA MTHETHWA and ORS
Ruled By: NDOU J

2 April 2009 Estate Law-viz legal status of a deceased estate.Law of Contract-viz specific performance re specific performance ex contractu.Law of Contract-viz purchase ...

HB45-14 : CBZ BANK LIMITED vs PHILLIP NDLOVU N.O. and NATIONAL SOCIAL SECURITY AUTHORITY and AFRASIA BANK ZIMBABWE LIMITED and MBCA BANK LIMITED and BANC ABC and OTHERS
Ruled By: KAMOCHA J

20 January and 6 March 2014 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 ...

HB45-13 : THULANI NDEBELE vs JOHN PERCIVAL BAWDEN
Ruled By: CHEDA AJ

7 and 21 February 2013 Procedural Law-viz affidavit re founding affidavit iro amendment to founding affidavit.Procedural Law-viz pleadings re amendment to pleadings iro amendment to ...

HB45-11 : DAVID MATSITSIRO vs CHAMUNORWA MUSINDO
Ruled By: KAMOCHA J

16 February and 10 March 2011 Procedural Law-viz final orders re ex tempore judgment.Procedural Law-viz condonation re the interests of justice.

HB45-10 : JAMESON ZOWA vs SUSAN ZOWA
Ruled By: KAMOCHA J

11 June 2010 Procedural Law-viz final order re ex tempore judgment.Procedural Law-viz rescission of judgment re default judgment.Procedural law-viz pleadings re striking out ...

HB45-09 : FALCON DUBE vs ZIMBABWE NATIONAL WATER AUTHORITY and THE MESSENGER OF COURT
Ruled By: KAMOCHA J

30 July and 30 August 2008 and 2 April 2009 Procedural Law-viz provisional order.Procedural Law-viz interim interdict.Procedural Law-viz warrant of execution re eviction.Procedural Law-viz writ of execution re eviction.Law of ...

HB44-15 : RAILWAYS ARTISAN UNIONS vs NATIONAL RAILWAYS OF ZIMBABWE and OTHERS
Ruled By: TAKUVA J

16 June and 23 December 2014 and 12 March 2015 Procedural Law-viz final orders re confirmation of an interim interdict.Procedural Law-viz final orders re discharge of a provisional order.Labour Law-viz ...

HB44-14 : SETUKA SIWELA vs ESTATE LATE GABRIEL SIWELA DRB 561/12 and THE ASSISTANT MASTER
Ruled By: KAMOCHA J

28 February and 6 March 2014 Procedural Law-viz declaratory order.Procedural Law-viz declaratur.Estate Law-viz rights of beneficiaries re testate succession.Estate Law-viz composition of estate property.Law of Property-viz ...

HB44-11 : JABULANI MANYATHELA vs THANDO MANYATHELA
Ruled By: MATHONSI J

1,2 and 10 March 2011 Procedural Law-viz final orders re consent order.Procedural Law-viz final orders re order by consent.Family Law-viz division of the assets of ...

HB44-10 : R. H GREAVES (PVT) LTD vs THE MINISTER OF LANDS, AND RURAL RESETTLEMENT and THE COMMISSIONER OF POLICE and THE OFFICER IN CHARGE, ZRP, NYAMANDLOVU and THE CHIEF LANDS OFFICER, MATABELELAND NORTH
Ruled By: CHEDA J

10 June 2010 and 25 June 2010 Procedural Law-viz urgent chamber application.Procedural Law-viz declaratory order.Procedural Law-viz declaratur.Procedural Law-viz proof of service re service of court process by ...

HB44-09 : MUSA MAPHOSA vs NDABA HLABANGANA
Ruled By: KAMOCHA J

3, 4 and 18 March and 2 April 2009 Damages-viz compensatory damages re damage to leased premises.Law of Property-viz agreement of lease re damages to leased premises. iro compensatory ...

HB43-15 : J.C. CONOLLY AND SONS (PVT) LTD vs R.C. NDHLUKULA and THE OFFICER COMMANDING, MAT SOUTH PROVINCE
Ruled By: TAKUVA J

30 January and 12 March 2015 Procedural Law-viz urgent chamber application.Procedural Law-viz cause of action re pre-emptive cause of action.Procedural Law-viz contempt of court.Procedural Law-viz rules ...

HB43-14 : MABEKA NATHANIEL NDLOVU vs PHAKAMILE NDLOVU and BULAWAYO CITY COUNCIL
Ruled By: MUTEMA J

4 February and 6 March 2014 Procedural Law-viz proof of title re immovable property iro registered rights.Procedural Law-viz declaratory order re declaration of rights.Procedural Law-viz declaratur ...

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 re landlord's tacit hypothec.Law of Property-viz lease agreement re landlord's lien.Law of Property-viz agreement of lease ...

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 ...

HB40-15 : BONGANI NDLOVU (as Executor Dative, Estate Late Kenneth Sithole) vs HOWARD SITHOLE and MELODY SITHOLE
Ruled By: MUTEMA J

23 February and 5 March 2015 Procedural Law-viz cause of action re proceedings involving minors.Estate Law-viz rights of beneficiaries re intestate succession iro children.Estate Law-viz rights ...

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 ...

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