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Civil Cases

HB99-11 : NOBUHLE NCUBE vs CBZ BANK LIMITED and THE SHERIFF FOR ZIMBABWE and BULAWAYO REAL ESTATE
Ruled By: MATHONSI J

4 July 2011 and 7 July 2011 Procedural Law-viz urgent chamber application.Law of Contract-viz debt re acknowledgement of debt.Law of Contract-viz debt re acknowledgement of debt iro ...

HB98-16 : MATSON HLALO vs MOVEMENT FOR DEMOCRATIC CHANGE- TSVANGIRAI and MORGAN TSVANGIRAI – PRESIDENT OF MDC- T and PRESIDENT OF THE SENATE, PARLIAMENT OF ZIMBABWE and CLERK OF PARLIAMENT
Ruled By: MOYO J

18 March and 31 March 2016 Procedural Law-viz urgent chamber application.Constitutional Law-viz Parliamentary Affairs re vacancies in the membership of Parliament iro section 129(1)K of the ...

HB98-10 : JUDITH MALAME vs MARGRET DUTIRO
Ruled By: NDOU J

30 August and 2 September 2010 Procedural Law-viz summary judgment.Procedural Law-viz summary judgment re prima facie defence.Procedural Law-viz summary judgment re acknowledgement of debt.Law of Contract-viz ...

HB97-18 : NEVERMIND CHINGWENA vs SMM HOLDINGS (PVT) LTD and THE ADMINISTRATOR and THE SHERIFF OF COURT N.O.
Ruled By: TAKUVA J

31 January 2018 and 12 April 2018 Procedural Law-viz citation re party acting in an official capacity iro nominus officiae.Procedural Law-viz citation re party acting in an ...

HB97-16 : REVEREND CLEMENT NYATHI and APOSTOLIC FAITH MISSION OF AFRICA vs CHARLES NHANGA and MTHANDAZI SIBANDA and TEDDY NDLOVU and OSCAR NDLOVU and OTHERS
Ruled By: MOYO J

4 March and 31 March 2016 Procedural Law-viz urgent chamber application.Canon Law-viz canonical disputes re factionalism.Procedural Law-viz affidavits re founding affidavit iro deponent.Law of Property-viz spoliation ...

HB97-11 : NOREEN SIBANDA and BENSON SIYAWAREVA vs JULIUS MPOSELWA NDLOVU
Ruled By: MATHONSI J

27 June 2011 and 30 June 2011 Procedural Law-viz postponement of matter.Procedural Law-viz rules of evidence re documentary evidence.Procedural Law-viz notice of set down re Rule 215(2).Procedural ...

HB96-09 : TISO NKALA vs WINNIE SEBATA and BEN DUBE
Ruled By: NDOU J

17 and 24 September 2009 Procedural Law-viz default judgment.Procedural Law-viz default judgment re defamation.Damages-viz defamation damages.Procedural Law-viz default judgment re defamation damages iro quantum of ...

HB95-16 : NATIONAL RAILWAYS OF ZIMBABWE CONTRIBUTORY PENSION FUND vs EKUTULENE INVESTMENTS t/a WALKERS PUB AND RESTAURANT and WAYNE ALLAN JONES
Ruled By: MATHONSI J

15, 16 and 24 March 2016 Procedural Law-viz cause of action re the doctrine against benefiting from one's own wrongs.Law of Contract-viz essential elements re consensus ...

HB95-11 : MADINDA NDLOVU vs HIGHLANDERS FOOTBALL CLUB
Ruled By: CHEDA J

30 JUNE 2011 Procedural Law-viz summary judgment re debt.Law of Contract-viz debt re contractual debt.Law of Contract-viz debt re acknowledgement of debt.Law of ...

HB94-16 : ARENEL SWEETS AND BISCUITS (PVT) LTD vs ALEXANDER FORBES RISKS SERVICES ZIMBABWE
Ruled By: MAKONESE J

4 and 24 March 2016 Insurance Law-viz insurance broking.Procedural Law-viz cause of action re plea in bar.Procedural Law-viz cause of action re exception.Procedural Law-viz rules ...

HB94-11 : GOLDEN MOYO vs STEPHEN MKOBA and DISTRICT ADMINISTRATOR, MIDLANDS PROVINCE and GOVERNOR, MIDLANDS PROVINCE and MINISTER OF LOCAL GOVERNMENT and PRESIDENT OF THE REPUBLIC OF ZIMBABWE
Ruled By: NDOU J

20 and 30 June 2011 Procedural Law-viz final orders re confirmation and discharge of a provisional order.Procedural Law-viz final orders re confirmation and discharge of ...

HB94-09 : NOMALANGA SIBANDA vs GIVEN NYATHI and SEHLISO NYATHI and THE REGISTRAR OF DEEDS, BULAWAYO and BEN BARON AND PARTNERS
Ruled By: KAMOCHA J

25 March 2008, 16 July and 17 September 2009 Procedural Law-viz provisional order re confirmation of interim interdict.Procedural Law-viz interim interdict re discharge of provisional order.Procedural Law-viz declaratory order ...

HB92-11 : MINISTER OF DEFENCE vs RANGARIRAI GUNDA
Ruled By: KAMOCHA J

6 and 19 May 2011 and 30 June 2011 Law of Property-viz vindicatory action re claim of right.Law of Property-viz rei vindictio re claim of right.Procedural Law-viz rules of ...

HB92-09 : CLYDE HOWARD vs KLIPSPRINGER ENTERPRISES (PVT) LTD and ACTION ENGINEERING AND FENCING (PVT) LTD and STANLEY STADDON and THE REGISTRAR OF COMPANIES N.O.
Ruled By: NDOU J

4, 5 and 11 November 2008 and 10 September 2009 Procedural Law-viz declaratory order.Procedural Law-viz declaratur.Company Law-viz shareholding re share transactions.Company Law-viz shareholding re share transactions iro alienation of corporate ...

HB91-10 : OSEFELUPILU MOYO (Nee SEDANGE) vs ESTER KELLY N.O. and ASSISTANT MASTER OF THE HIGH COURT
Ruled By: MATHONSI J

3 August 2010 and 2 September 2010 Procedural Law-viz citation re party acting in an official capacity.Estate Law-viz rights of beneficiaries re testate succession.Estate Law-viz removal of ...

HB91-09 : GOODBYE BENJAMIN MUHWATI vs MBONGI KWENULE THEBE
Ruled By: NDOU J

23 February and 10 September 2009 Procedural Law-viz provisional order re discharge of interim interdict iro want of prosecution.Procedural Law-viz interim interdict re discharge of provisional ...

HB90-16 : L. SACRE KWETE MINGA vs ITAYI MATIVONESE GUNDA
Ruled By: TAKUVA J

29 and 30 October 2015 and 24 March 2016 Family Law-viz division of the assets of the spouses re tacit universal partnership.Family Law-viz apportionment of matrimonial assets iro customary ...

HB90-10 : ZIMBABWE CONGRESS OF TRADE UNIONS vs OFFICER COMMANDING POLICE KWEKWE DISTRICT SUPT.MADIRO R (NO) and COMMISSIONER GENERAL OF POLICE and CO-MINISTERS OF HOME AFFAIRS
Ruled By: MATHONSI J

2 July 2010 and 26 August 2010 Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz urgent chamber application.Procedural Law-viz rules of evidence re documentary ...

HB90-09 : FIOS NCUBE vs TICHAONA GOMBA and ZIM-AUSTRALIA (PVT) LIMITED and CITY OF BULAWAYO
Ruled By: KAMOCHA J

31 August and 1, 2 & 4 September 2009 Procedural Law-viz provisional order re return day iro matter referred to trial.Procedural Law-viz interim interdict re return day iro matter ...

HB89-11 : SEHLUKENE SIBANDA vs SIFISO THEBE and ALPHA CONSTRUCTION PROPERTY DEVELOPERS and REGISTRAR OF DEEDS and CITY OF BULAWAYO
Ruled By: MATHONSI J

6 June 2011 and 23 June 2011 Law of Property-viz proof of title re immovable property iro registered rights.Law of Property-viz Deeds Registry re registration of rights ...

HB89-09 : DUMISANI NCUBE vs THE ZIMBABWE REVENUE AUTHORITY (ZIMRA)
Ruled By: NDOU J

15 July and 10 September 2009 Procedural Law-viz provisional order re urgent chamber application.Procedural Law-viz urgent chamber application re interim interdict.Tax Law-viz customs duty re smuggling ...

HB88-16 : SOLOMON MHENYU vs RUTH MLAUDZI
Ruled By: MATHONSI J

16 March 2016 and 18 March 2016 Procedural Law-viz urgent chamber application.Procedural Law-viz appeal re lapsing of an appeal.Procedural Law-viz appeal re reinstatement of a lapsed appeal.Procedural ...

HB88-13 : MARIA MANOLAKAKIS vs ESTATE LATE DR JOHN J. MANOLAKAKIS and ESTATE LATE EVANGELIA PATRINOS and IOANNIS IOANNIDIS and CONSTANDINOS PATRINOS and ROBERT BOWES and DEPUTY MASTER
Ruled By: MAKONESE J

31 June 2012 and 23 May 2013 Procedural Law-viz absolution from the instance.Estate Law-viz division of estate assets re rights of beneficiaries iro testate succession.Estate Law-viz distribution ...

HB88-11 : DEBORAH NGWENYA and NDABEZINHLE NGWENYA and NQOBIZITHA NGWENYA and NOMATHAMSANQA NGWENYA vs GLORY MPOFU N.O. and SIPHATHISIWE NCUBE and ASSISTANT MASTER OF THE HIGH COURT
Ruled By: KAMOCHA J

8 and 23 June 2011 Procedural Law-viz citation re party acting in an official capacity.Estate Law-viz division of estate property re Distribution Account iro seting ...

HB87-16 : COLD STORAGE COMPANY LTD vs ADDITIONAL SHERIFF OF THE HIGH COURT – E.M. MAGARA N.O. and HOLLANDS REAL ESTATE and AHMED ESAT and TREVOR AND TALENT and REGISTRAR OF DEEDS
Ruled By: MAKONESE J

11, 16 and 24 March 2016 Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz urgent chamber application re stay of execution.Procedural Law-viz citation ...

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HB87-13 : SAMMY'S GROUP PL T/A KINGS AUCTION CENTRE vs JOHN MEYBURGH (NO) and NUGLO INVESTMENTS (PRIVATE) LIMITED and C.W ELECTRICAL (PRIVATE) LIMITED and REGISTRAR OF COMPANIES, N.O.
Ruled By: MAKONESE J

21 March 2013 and 16 May 2013 Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz exception.Procedural Law-viz consolidation of matters.Procedural Law-viz special plea.Law of ...

HB87-11 : WOMEN OF ZIMBABWE ARISE TRUST vs THE OFFICER IN CHARGE C.I.D. LAW AND ORDER and THE OFFICER COMMANDING C.I.D LAW AND ORDER CHIEF SUPERINTENDENT P.R. MOYO and ANOTHER
Ruled By: MATHONSI J

17 June 2011 and 23 June 2011 Procedural Law-viz urgent chamber application.Procedural Law-viz rules of evidence re warrant of entry.Procedural Law-viz rules of evidence re warrant of ...

HB87-10 : METALLION GOLD ZIMBABWE vs EUROTECH PLANT & EQUIPMENT (PVT) LTD and THE DEPUTY SHERIFF
Ruled By: MATHONSI J

16 August 2010 and 19 August 2010 Procedural Law-viz urgent chamber application.Procedural Law-viz urgent application re stay of execution.Procedural Law-viz provisional order re draft of interim interdict ...

HB86-13 : GRACE SIBANDA vs MILDRED SIBANDA (NCUBE) and BONGANI NDLOVU and ASSISTANT MASTER OF THE HIGH COURT
Ruled By: MAKONESE J

3 November 2012 and 9 May 2013 Estate Law-viz division of estate property re lodging of objection to Distribution Account iro section 52(8) of the Administration of ...

HB86-10 : ELVIS NDLOVU vs HIGHER LEARNING CENTRE
Ruled By: MATHONSI J

3 and 19 August 2010 Labour Law-viz arbitration re registration of arbitral award iro section 98 of the Labour Act [Chapter 28:01].Procedural Law-viz jurisdiction re ...

HB85-11 : SISA MPUNZI (NEE MOYO) vs DUBUZA RATION MPUNZI and REBECCA MOYO
Ruled By: NDOU J

10 November 2010 and 23 June 2011 Procedural Law-viz urgent chamber application.Procedural Law-viz rules of evidence re documentary evidence.Procedural Law-viz jurisdiction re judicial deference.Procedural Law-viz urgent application ...

HB84-18 : ROSINA NGIRAZI vs FUNGAI SAUROSI and KWEKWE CITY COUNCIL
Ruled By: MATHONSI J

15 March 2018 and 22 March 2018 Procedural Law-viz condonation re late noting of an appeal.Procedural Law-viz rules of evidence re candidness with the court.Procedural Law-viz rules ...

HB84-16 : PHILANI GAMA N.O. vs LUNGISANI MPOFU and PATRICIA PHIRI and MBALI NGWENYA and THE ADDITIONAL ASSISTANT MASTER N.O. and THE ASSISTANT MASTER, HIGH COURT OF ZIMBABWE, BULAWAYO N.O.
Ruled By: MATHONSI J

10 and 18 March 2016 Procedural Law-viz citation re party acting in an official capacity.Estate Law-viz rights of beneficiaries re intestate succession.Law of Property-viz proof ...

HB84-13 : REGINA GUMBO vs STEELNET (ZIMBABWE) (PVT) LTD and MINISTER OF HIGHER AND TERTIARY EDUCATION
Ruled By: MUTEMA J

4 April 2013 and 2 May 2013 Procedural Law-viz citation re interpleader proceedings.Procedural Law-viz automatic bar re failure to file notice of opposition.Procedural Law-viz automatic bar re ...

HB84-11 : HENRY SHONAI TODZANISO vs HELEN LADAS and KNIGHT FRANK and DEPUTY SHERIFF
Ruled By: NDOU J

3 and 23 June 2011 Procedural Law-viz urgent chamber application.Procedural Law-viz urgent application re stay of execution.Procedural Law-viz interim interdict re past invasion of rights.Procedural ...

HB84-10 : EDWARD MANGENA and MALAKI MPOFU vs NINO FILANINO and DISTRICT ADMINISTRATOR, UMZINGWANE RURAL DISTRICT COUNCIL [sic] and OTHERS
Ruled By: NDOU J

15 January and 19 August 2010 Procedural Law-viz declaratory order.Procedural Law-viz declaratur.Land Acquisition-viz lawful authority to occupy.Land Acquisition-viz offer letter re lawful authority to occupy gazetted ...

HB83-16 : PROFERT ZIMBABWE (PVT) LTD vs MACDOM INVESTMENTS (PVT) LTD
Ruled By: MAKONESE J

4 and 17 March 2016 Insolvency Law-viz winding up re inability to pay debts iro section 206(f) of the Companies Act [Chapter 24:03].Insolvency Law-viz liquidation ...

HB83-13 : ZIMBABWE INTERNATIONAL TRADE FAIR COMPANY vs VIKING PLASTICS (PVT) LTD and BONGANI NDLOVU N.O.
Ruled By: MUTEMA J

4 April 2013 and 25 April 2013 Procedural Law-viz citation re party acting in an official capacity.Insolvency Law-viz judicial management re discharge of a provisional judicial management ...

HB83-11 : TAURAI NYATSAMBO vs MTUNGWAZI FAMILY PROPERTIES and DEPUTY SHERIFF
Ruled By: NDOU J

23 June 2011 Procedural Law-viz urgent chamber application.Procedural Law-viz urgent application re stay of execution.Procedural Law-viz final orders re doctrine of effectiveness.Procedural Law-viz ...

HB83-10 : BERNIE WATSON vs ANDREA COETZEE
Ruled By: NDOU J

16 October 2009 and 5 August 2010 Law of Contract-viz oral agreement.Law of Contract-viz verbal contract.Law of Contract-viz termination of a contract re notice of termination.Law of ...

HB82-16 : CHIPO ZVAVANONDIITA vs RUNIYA NDLOVU and SIMANGELE MASEKO and RATCHELL MASEKO and BESSY MASEKO and ASSISTANT MASTER (N.O) and ADDITIONAL ASSISTANT MASTER N.O and CITY OF BULAWAYO
Ruled By: MATHONSI J

10 and 17 March 2016 Procedural Law-viz citation re party acting in an official capacity.Estate Law-viz division of estate property re distribution account iro re-opening ...

HB82-15 : THULISANI NYAMAMBI vs BONGANI NCUBE
Ruled By: MAKONESE J

9 September 2014; 23, 24, 27 February and 30 April 2015 Procedural Law-viz declaratory order re declaration of rights of ownership.Procedural Law-viz declaratur re declaration of rights.Law of Property-viz proof of ...

HB82-13 : ELLINGBARN TRADING (PRIVATE) LIMITED vs ASSISTANT MASTER OF THE HIGH COURT and PEOPLE'S OWN SAVINGS BANK
Ruled By: MUTEMA J

4 April and 25 April 2013 Insolvency Law-viz judicial management.Procedural Law-viz final orders re confirmation of provisional order.Procedural Law-viz final orders re discharge of interim interdict.Procedural ...

HB82-11 : TROTS INVESTMENTS (PVT) LTD vs MAMBIRO FIBRE (PVT) LTD
Ruled By: MATHONSI J

10 June 2011 and 16 June 2011 Procedural Law-viz rules of evidence re documentary evidence.Law of Property-viz lease agreement re termination iro notice of cancellation.Law of Property-viz ...

HB82-10 : DAVID WHITEHEAD TEXTILES LIMITED vs NATIONAL BLANKETS
Ruled By: KAMOCHA J

1 July and 5 August 2010 Procedural Law-viz rules of court re High Court Rules iro Rule 235.Procedural Law-viz rules of evidence re hostile witness.Procedural Law-viz ...

HB81-18 : FRANK MUTEZO and OTHERS vs ZIMBABWE SCHOOL EXAMINATIONS COUNCIL and THE MINISTER OF PRIMARY AND SECONDARY EDUCATION
Ruled By: MOYO J

12 March 2018 and 22 March 2018 Procedural Law-viz urgent chamber application re Rule 223 of the High Court Rules.Procedural Law-viz form of proceedings re urgent chamber ...

HB81-16 : FESTOR CHINEKA vs PRO-VICE CHANCELLOR and NATIONAL UNIVERSITY OF SCIENCE AND TECHNOLOGY and STUDENT DISCIPLINARY COMMITTEE
Ruled By: MATHONSI J

10 March 2016 Procedural Law-viz final orders re ex tempore judgment.Procedural Law-viz civil review re Order 33 of the High Court Rules.Education Law-viz ...

HB81-10 : TRISTAN JOHN PEACOCK vs ANTOINETTE MAREE STEYN
Ruled By: MATHONSI J

29 July 2010 and 5 August 2010 International Law-viz rights of children re the Hague Convention on the Civil Aspects of International Child Abduction.International Law-viz rights of ...

HB80-10 : NAISON CHAGARA GONOUYA vs SHADRECK HUKUIMWE and JUSTICE MUNYAMANA and BULAWAYO CITY COUNCIL
Ruled By: KAMOCHA J

19, 20, 21 May 2009 and 29 July 2010 Agency Law-viz possession with indicia of dominium.Agency Law-viz possession with indicia of jus disponendi.Law of Contract-viz verbal agreement.Law of Contract-viz ...

HB79-16 : PREMIER SERVICES MEDICAL AID SOCIETY vs FAIRMIND CLINICAL LABORATORIES
Ruled By: MATHONSI J

9 March and 10 March 2016 Procedural Law-viz urgent chamber application.Procedural Law-viz final orders re consent to judgment.Procedural Law-viz final orders re consent order iro rescission ...

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