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Civil Cases

HB24-13 : STANBIC BANK ZIMBABWE LTD vs NEIL WILLIAM RIX and FRANCOIS VAN DER ZEE and ALCO FOREST INDUSTRIES (PVT) LTD
Ruled By: CHEDA AJ

26 November 2012 and 14 January 2013 Insolvency Law-viz judicial management.Law of Contract-viz debt re debt security iro suretyship agreements.Insolvency Law-viz provisional judicial management.Law of Contract-viz debt ...

HB24-09 : SIKHULILE MOYO vs THABANI KHUMALO and ESTATE LATE SIBONILE MLILO (represented by Bongani Ndlovu) and ASSISTANT MASTER OF HIGH COURT, BULAWAYO and CITY OF BULAWAYO
Ruled By: CHEDA J

26 November 2008 and 26 February 2009 Law of Contract-viz specific performance re specific performance ex contractu.Procedural Law-viz citation re party acting in an official capacity iro ...

HB239-16 : KELVIN ZINDODYEYI and THERESE CHIKETSANI vs ASPINAL INVESTMENTS (PVT) LTD and PHILLIPAH MUSEVE t/a SIMMRAN and MESSENGER OF COURT N.O.
Ruled By: TAKUVA J

5 August and 22 September 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 judicial ...

HB237-16 : PETROS MOYO vs ROBERT NCUBE
Ruled By: BERE J and MATHONSI J

12 September 2016 and 15 September 2016 Procedural Law-viz civil appeal.Administrative Law-viz the presumption of validity of Government advice given by officials in the course of duty.Procedural ...

HB236-16 : MERCY MAZVITA NYAMANHINDI vs GIFT CHIVHURAWA
Ruled By: BERE J and MATHONSI J

12 September 2016 and 15 September 2016 Procedural Law-viz civil appeal.Procedural Law-viz summary judgment re acknowledgement of debt.Procedural Law-viz affidavits re answering affidavit iro summary judgement proceedings.Law ...

HB235-16 : ESTATE LATE MOSES KANHUKAMWE (represented by Winnie Mudzinganyama curator bonis) vs CBZ BANK LTD and I.Q. MARKETING (PVT) LTD and THE ADDITIONAL SHERIFF – BULAWAYO
Ruled By: TAKUVA J

5 August and 15 September 2016 Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz urgent chamber application re stay of execution iro judicial ...

HB234-16 : JONATHAN DUBE vs SIYAPHUMELELA COLLECTIVE FARMING CO-OPERATIVE SOCIETY and DEPUTY SHERIFF
Ruled By: TAKUVA J

5 August 2016 and 15 September 2016 Procedural Law-viz urgent chamber application re stay of execution.Procedural Law-viz final orders re enforcement of court orders iro superannuation.Procedural Law-viz ...

HB233-18 : THE SHERIFF OF ZIMBABWE vs SENITAL (PVT) LTD t/a FRANK B MINE and ZIMBABWE UNITED PASSENGER COMPANY LTD
Ruled By: MAKONESE J

20 July and 20 September 2018 Procedural Law-viz judicial attachment re interpleader proceedings iro Rule 208 of the High Court Rules.Law of Property-viz proof of title ...

HB233-16 : DOUGLAS NDLOVU vs THABO MASUKU
Ruled By: TAKUVA J

15 July 2016 and 8 September 2016 Procedural Law-viz urgent chamber application.Law of Property-viz spoliation order.Law of Property-viz mandament van spolie.Procedural Law-viz rules of evidence re documentary ...

HB232-16 : MTUMANI MLAUZI vs EASY GAS (PVT) LTD and SHERIFF OF ZIMBABWE N.O. and MXOLISI MPOFU
Ruled By: TAKUVA J

12 July 2016 and 1 September 2016 Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz urgent chamber application.Procedural Law-viz judicial sale in execution.Procedural Law-viz ...

HB231-16 : PRISCA MPOFU vs REGIS BANDA and JANE NEDDIE KASTON NO and THE SHERIFF OF ZIMBABWE NO
Ruled By: TAKUVA J

17 June 2016 and 1 September 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 judicial ...

HB23-14 : ASHA MUKOTE vs COMMISSIONER GENERAL POLICE N.O. and OFFICER COMMANDING BULAWAYO PROVINCE and SUPERINTENDENT E. HUNGWE and ASSISTANT INSPECTOR D. NHIRA and ASSISTANT INSPECTOR N. MATEMA
Ruled By: MOYO J

29 October 2013 and 6 February 2014 Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz civil review re labour proceedings.Procedural Law-viz civil review re ...

HB23-13 : FOOTBALL CLUB WINDERMERE vs ASSOCIACAO DOS PORTUGUESE and THE CITY OF BULAWAYO
Ruled By: KAMOCHA J

30 October 2012 and 7 February 2013 Procedural Law-viz rules of evidence re documentary evidence.Law of Contract-viz cession re rights under an agreement of lease.Law of Contract-viz ...

HB23-11 : REGINA GUMBO vs COMPANY WHITE SPACE SALES (PVT) LTD and ALBERT TONHOMA and STANBIC BANK ZIMBABWE LIMITED
Ruled By: KAMOCHA J

21 January and 17 February 2011 Procedural Law-viz citation re interpleader notice.Law of Property-viz proof of title re movable property iro motor vehicles.Procedural Law-viz judicial attachment.Procedural ...

HB23-10 : SANITA CONSTRUCTION (PVT) LTD vs OBERT MPOFU and DRASTIC CONSTRUCTION COMPANY (PVT) LTD
Ruled By: NDOU J

6 and 13 May 2010 Procedural Law-viz urgent chamber re interim interdict.Procedural Law-viz declaratory order.Procedural Law-viz declaratur.Law of Contract-viz verbal agreement.Law of Contract-viz oral contract.Law ...

HB23-09 : LARRY BEN MPOFU vs MIKA PARIRA MPOFU AND TWO OTHERS
Ruled By: NDOU J

12 February 2009 Law of Contract-viz consent of local authority re validity of agreement.Law of Contract-viz municipality re consent of local authority iro ...

HB22-16 : DHERERAI MANYONI vs THE COMMISSIONER GENERAL OF POLICE
Ruled By: MATHONSI J

5 February and 11 February 2016 Procedural Law-viz urgent chamber application.Procedural Law-viz provisional order re interim interdict pendente lite.Procedural Law-viz appeal re the principle that the ...

HB22-14 : TATENDA PATIENCE MUKUDU vs ANDREW MALETE
Ruled By: MUTEMA J

18 and 25 November 2013 and 6 February 2014 Procedural Law-viz rules of evidence re documentary evidence.Law of Contract-viz termination re notice of cancellation.Law of Contract-viz cancellation re notice ...

HB22-11 : WILLIAM NGWENYA vs STELLA MATONGO and VAINA MOYO and MAQHAWE MATHE and BULAWAYO CITY COUNCIL
Ruled By: KAMOCHA J

9 and 17 February 2011 Procedural Law-viz consolidation of matters.Procedural Law-viz citation re joinder.Procedural Law-viz condonation re late filing of an application for rescission.Procedural Law-viz ...

HB22-10 : KHAMI UNITED FOOTBALL CLUB vs ZIMBABWE FOOTBALL ASSOCIATION
Ruled By: KAMOCHA J

5 and 10 May 2010 Procedural Law-viz urgent chamber application re provisional order.Administrative Law-viz doctrine of legitimate expectation.Procedural Law-viz final order re confirmation of provisional ...

HB21-16 : REGIONAL MANAGER, BEITBRIDGE and ZIMBABWE REVENUE AUTHORITY vs MODRECK MARAMBA and ASSISTANT SHERIFF, BULAWAYO
Ruled By: MATHONSI J

4 and 11 February 2016 Procedural Law-viz default judgment re failure to appear for hearing.Procedural Law-viz default judgment re the audi alteram partem rule.Procedural Law-viz ...

HB21-14 : JONA NDALAMA vs COMMISSIONER GENERAL OF POLICE and CHIEF SUPERINTENDENT SIGAUKE and CO-MINISTER OF HOME AFFAIRS
Ruled By: MOYO J

1 November 2013 and 6 February 2014 Procedural Law-viz condonation re late noting of an appeal.Procedural Law-viz automatic bar re failure to file heads of argument.Procedural Law-viz ...

HB201-11 : CABAT TRADE & FINANCE (PTY) LTD and SECURITY MILLS (PTY) LTD vs THE MOVEMENT FOR DEMOCRATIC CHANGE (MDC-T)
Ruled By: KAMOCHA J

12 October 2010 and 5 January 2012 Law of Contract-viz debt re contractual debt iro supply of goods.Law of Contract-viz debt re unjust enrichment.Law of Contract-viz oral ...

HB20-16 : JOHN MASEKO vs NOMUSA NDLOVU
Ruled By: MATHONSI J

4 February and 11 February 2016 Procedural Law-viz provisional sentence re Rule 20.Procedural Law-viz jurisdiction re monetary jurisdiction.Procedural Law-viz jurisdiction re cause of action jurisdiction.Law of ...

HB20-14 : VELD CLIFF ENGINEERING (PVT) LTD T/A FIREMATIC CONSULTING ENGINEERS (represented by WATSON MURUVIWA) vs FIREMATIC CONSULTING ENGINEERS (PVT) LTD and VENSON GAMBIZA and NOMTHANDAZO NGWENYA
Ruled By: MOYO J

1 November 2013 and 6 February 2014 Company Law-viz company name protection.Company Law-viz corporate trading name protection.Procedural Law-viz rules of evidence re documentary evidence.Procedural Law-viz urgent chamber ...

HB20-13 : FORT ENTERPRISES (PVT) LTD vs NOMALANGA SIBANDA
Ruled By: NDOU J

1 November 2011 and 7 February 2013 Law of Property-viz lease agreement re termination iro notice of cancellation.Law of Property-viz agreement of lease re cancellation iro notice ...

HB20-09 : KIZITO MUTSURE vs ICHABOD MURINGISI
Ruled By: NDOU J

12 February 2009 Estate Law-viz alienation of estate property re approval of Master.Estate Law-viz executor re alienation iro non authorisation by Master iro ...

HB198-11 : N & R AGENCIES (PVT) LTD and MARK ANDROLIAKOS vs THABANI NDLOVU and MACLEAN BHALA
Ruled By: MATHONSI J

13 and 15 December 2011 Procedural Law-viz urgent chamber application.Procedural Law-viz stay of execution re judicial eviction.Procedural Law-viz urgent application re stay of execution iro ...

HB197-11 : SUSAN ZOWA (NEE CHIDEME) vs JAMESON ZOWA
Ruled By: NDOU J

5 July and 15 December 2011 Procedural Law-viz rescission of judgment re rescission of default judgment.Family Law-viz division of the assets of the spouses re direct ...

HB196-11 : MOVEMENT FOR DEMOCRATIC CHANGE and PRISCILA MISIHAIRAMBWI-MUSHONGA vs PROFESSOR ARTHUR MUTAMBARA
Ruled By: KAMOCHA J

16 November and 15 December 2011 Procedural Law-viz affidavits re founding affidavit iro deponent.Procedural Law-viz founding affidavit re deponent iro authority to institute legal proceedings.Procedural Law-viz ...

HB195-11 : PRISCILLA MEDA vs HOMELINK (PVT) LTD and DEPUTY SHERIFF
Ruled By: NDOU J

30 September and 15 December 2011 Procedural Law-viz judicial attachment re dwelling of execution debtor.Procedural Law-viz judicial sale in execution re dwelling of execution debtor iro ...

HB194-11 : ZIMBABWE TEXTILE WORKERS UNION vs MERLIN (PRIVATE) LIMITED t/a MERSPIN and ASSISTANT MASTER OF THE HIGH COURT OF ZIMBABWE
Ruled By: MATHONSI J

21 November 2011 and 8 December 2011 Procedural Law-viz affidavits re further affidavits iro leave of court to file additional affidavits.Procedural Law-viz affidavits re supplementary affidavits iro ...

HB191-11 : BENJAMIN SIBINDI vs NKOSILATHI MXOTSHWA and SAZINI MXOTSHWA and MNCEDISI MXOTSHWA and PHATHISANI MXOTSHWA and THABO MXOTSHWA and CITY OF BULAWAYO
Ruled By: KAMOCHA J

30 November and 1 December 2011 Law of Contract-viz verbal agreement.Law of Contract-viz oral contract.Law of Contract-viz specific performance re specific performance ex contractu.Procedural Law-viz cause ...

HB190-11 : KALAYI NJINI vs BERTHILDE JULIET NJINI and SOLWAYO NGWENYA and BULAWAYO CITY COUNCIL
Ruled By: CHEDA J

24 November 2011 and 1 December 2011 Procedural Law-viz urgent chamber application.Local Authorities-viz development of a Stand re commercial purposes iro right of neighbours to be heard.Local ...

HB19-12 : WILD GOOSE SAFARIS (PVT) LTD vs SIPHO MPOFU AND TWO OTHERS
Ruled By: NDOU J

9 September 2011 & 2 February 2012 Land Acquisition-viz spoliation re holder of offer letter iro rights of occupation.

HB19-11 : LERATO NYANDORO vs NEWTON T. NYANDORO
Ruled By: NDOU J

28 January and 10 February 2011 Family Law-viz decree of divorce re civil marriage.Family Law-viz decree of divorce re civil marriage re irretrievable breakdown of the ...

HB189-18 : CLAUDIUS MANAMELA and BRIGHTON NANGA and SIBONGILE MANAMELA vs ROSEWELL ZULU and APOSTOLIC FAITH MISSION OF AFRICA INTL and CLEMENT NYATHI and APOSTOLIC FAITH MISSION OF AFRICA
Ruled By: MABHIKWA J

18 July 2018 Procedural Law-viz declaratory order.Procedural Law-viz declaratur.Canon Law-viz ecclesiastical disputes re leadership wrangles.Procedural Law-viz pleadings re withdrawal of claim iro removal ...

HB189-11 : N & R AGENCIES (PVT) LTD HC3062/09 and HC483/10 vs MINISTER OF LANDS & RURAL RESETTLEMENT and SENIOR LANDS OFFICER, PLUMTREE and MR T. NDLOVU and MR S. BHALA and OSCAR TSHUMA
Ruled By: NDOU J

28 January and 1 December 2011 Law of Property-viz spoliation order.Law of Property-viz mandament van spolie.Procedural Law-viz cause of action.Procedural Law-viz interim interdict re provisional relief ...

HB187-11 : MOVEMENT FOR DEMOCRATIC CHANGE vs FRACISCO NYONI and DEPUTY SHERIFF
Ruled By: NDOU J

18 and 24 March and 1 December 2011 Procedural Law-viz final orders re fait accompli.Labour Law-viz labour arbitration re registration of arbitral award iro section 98(14) of the ...

HB186-11 : RONALD MACHACHA vs ZIMBABWE REVENUE AUTHORITY
Ruled By: NDOU J

20 July and 1 December 2011 Tax Law-viz smuggling re forfeiture.Tax Law-viz smuggling re seizure.Procedural Law-viz proceedings against the State re section 196(1) of the Customs ...

HB184-15 : JOSEPH MARSHAL STUART vs NATIONAL RAILWAYS OF ZIMBABWE
Ruled By: NDOU J

22 April and 24 September 2015 Procedural Law-viz absolution from the instance re Rule 437 of the High Court Rules.Damages-viz the principle of currency nominalism re ...

HB180-11 : MORROS DLAMINI and MAY MAHLANGU vs LEAH MPANDE and NATHANIEL SIBANDA and DEPUTY SHERIFF
Ruled By: NDOU J

20 November 2009 and 24 November 2011 Procedural Law-viz stay of execution.Procedural Law-viz service of court process re proof of service.Law of Contract-viz Deed of Settlement re ...

HB18-15 : JULIET NHLIZIYO (N.O.) and ESTATE LATE HAROLD NHLIZIYO vs NOKUTHULA MOYO and ESTER KELLI (N.O.) and ESTATE LATE PREECE NHLIZIYO and ASSISTANT MASTER (N.O.) and CITY OF BULAWAYO
Ruled By: MAKONESE J

22-23 January and 5 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 ...

HB18-13 : MABEKA NDLOVU vs PHAKAMILE NDLOVU and BULAWAYO CITY COUNCIL
Ruled By: NDOU J

14 and 15 June 2012 and 7 February 2013 Procedural Law-viz declaratory order.Procedural Law-viz declaratur.Law of Property-viz proof of title re immovable property iro registered rights.Procedural Law-viz special plea ...

HB18-12 : ALECS HWEKWETE and JUDY HWEKWETE vs RENAISSANCE MERCHANT BANK LTD
Ruled By: NDOU J

25 and 26 January 2012 Procedural Law-viz urgent chamber application re stay of execution.Procedural Law-viz urgent application re interim interdict pendente lite.Procedural Law-viz judicial sale ...

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HB179-18 : YUSUF GAIBIE and MAHMOUD GAIBIE vs ALEXANDER CASTANHEIRA and RACHEL CASTANHEIRA
Ruled By: MAKONESE J

6 June and 5 July 2018 Procedural Law-viz absolution from the instance.Law of Contract-viz purchase and sale re purchase price iro payment terms.Law of Contract-viz variation ...

HB179-13 : PHILEMON N. MABUZA vs CHARLES NYATHI
Ruled By: MUTEMA J

12 and 13 September and 19 December 2013 Law of Property-viz lease agreement re termination.Law of Property-viz agreement of lease re cancellation.Law of Property-viz proof of title re ...

HB179-11 : SAMUEL KUFANDADA vs SUPERINTENDANT PILATE MOYO and CHIEF SUPERINTANDANT MATANGE and SUPERITENDANT MOYO and SUPERINTENDANT ZULU and COMMISSIONER GENERAL POLICE
Ruled By: KAMOCHA J

17 and 24 November 2011 Procedural Law-viz civil review.Procedural Law-viz civil review re procedural irregularities iro the audi alteram partem rule.Procedural Law-viz recusal re institutional ...

HB177-13 : LUKAS MUNYIKA AND 66 OTHERS vs ZIMBABWE UNITED PASSENGER COMPANY LTD
Ruled By: KAMOCHA J

30 September and 12 December 2013 Procedural Law-viz chamber application.Labour Law-viz labour arbitration re registration of arbitral award.Labour Law-viz arbitration re registration of arbitral award iro ...

HB173-16 : SWEET SWEET vs JONATHAN NKANYENZI and BOY DUBE and DOUGLAS NDLOVU and MOFFAT NDLOVU and NTANDO DUBE and PATRICK TSHUMA
Ruled By: MATHONSI J

21 June and 23 June 2016 Land Acquisition-viz lawful authority to occupy gazetted land re offer letter.Law of Property-viz spoliation order.Law of Property-viz mandament van spolie.Procedural ...

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