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Civil Cases

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 (PVT) LTD and CHRISTOPHER MASWI N.O. (as Provisional Judicial Manager of BMA FASTENERS) 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 iro nominee officii.Procedural Law-viz citation re party acting in an ...

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 ...

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 ...

HB39-15 : JEMITIOUS GUMBO vs VARAIDZO GUMBO
Ruled By: KAMOCHA J

17, 18 and 26 February 2015 Family Law-viz decree of divorce re irretrievable breakdown of the marriage relationship.Family Law-viz division of the assets of the spouses ...

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 ...

HB38-15 : SIBUCO TRADING (PVT) LTD and EDITH KATAMBARARE vs LEADERS (PVT) LTD and MESSENGER OF COURT
Ruled By: MAKONESE J

20 February and 26 February 2015 Procedural Law-viz directions of the court re Order 23 of the High Court Rules.Procedural Law-viz judicial directives re Order 23 ...

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 ...

HB37-15 : LAWRENCE CLEMINSON vs BRIAN SHER and RUEBEN POSWELL (as executor in the Estate Late Sally Lieber also known as Sally Zella Lieber)
Ruled By: MUTEMA J

17 and 26 February 2015 Procedural Law-viz automatic bar re failure to file opposing papers iro Rule 50 of the High Court Rules.Procedural Law-viz cause ...

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 ...

HB36-15 : BULAWAYO CITY COUNCIL vs BUTTON ARMATURE WINDING (PVT) LTD
Ruled By: MUTEMA J

3 and 26 February 2015 Procedural Law-viz summary judgment re debt.Procedural Law-viz rules of evidence re documentary evidence.Procedural Law-viz affidavits re founding affidavit iro deponent.Law ...

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 ...

HB33-15 : MASIWA HWARA vs EUBERTINNAH MUDIMU (as Executrix of Estate Late Felix Mudimu) and ADDITIONAL ASSISTANT MASTER OF THE HIGH COURT N.O.
Ruled By: MUTEMA J

3 and 19 February 2015 Procedural Law-viz citation re party acting in an official capacity iro nominee officii.Procedural Law-viz citation re party acting in an ...

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 ...

HB32-15 : ANDREW NDLOVU and CHIHWA TOURS vs THEMBINKOSI SIBINDI
Ruled By: MUTEMA J and MOYO J

2 and 19 February 2015 Procedural Law-viz final orders re consent to judgment.Procedural Law-viz final orders re consent order.Procedural Law-viz final orders re order by ...

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 ...

HB31-15 : TAMIRA OVERSEAS S.A. vs AQUIRIUM TRADING (PVT) LTD
Ruled By: TAKUVA J

11 December 2014 and 19 February 2015 Insolvency Law-viz provisional liquidation re section 205 of the Companies Act [Chapter 24:03].Insolvency Law-viz provisional liquidation re section 206 of ...

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 ...

HB30-15 : JULIUS MPOSELWA vs LEOCHIWE TRADING (PVT) LTD t/a KALAMBEZA SAFARIS and NOREEN SIBANDA and BENSON SIYAWAREVA and DIRECTOR OF HOUSING – VICTORIA FALLS
Ruled By: NDOU J

24 November 2014 and 19 February 2015 Procedural Law-viz postponement of hearings.Procedural Law-viz deferment of proceedings.Procedural Law-viz procedural directives of the court.Procedural Law-viz procedural judicial directives.Procedural Law-viz ...

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