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Civil Cases

HB128-11 : BEITBRIDGE BULAWAYO RAILWAY (PVT) LTD vs ZIMBABWE AMALGAMATED RAILWAY WORKERS UNION
Ruled By: NDOU J

1, 6 and 15 September 2011 Procedural Law-viz urgent chamber application re stay of execution.Procedural Law-viz ex parte application re material non-disclosures.Law of Contract-viz compromise agreement ...

HB127-11 : CHARLES KASTO vs CHENGETAI SITHOLE
Ruled By: NDOU J

4 January, 9 and 15 September 2011 Procedural Law-viz rescission of judgment re rescission of default judgment.Procedural Law-viz default judgment re Rule 57.Procedural Law-viz rules of court ...

HB127-09 : TAWANDA MARUFU vs MINISTER OF TRANSPORT, COMMUNICATIONS AND INFRASTRUCTURAL DEVELOPMENT and ZIMBABWE REVENUE AUTHORITY and CITY OF BULAWAYO
Ruled By: NDOU J

28 October, 20 November 2009 and 3 DECEMBER 2009 Procedural Law-viz interim interdict re consent paper.Procedural Law-viz provisional order re consent paper.Procedural Law-viz urgent chamber application re urgent chamber ...

HB126-16 : MOVEMENT FOR DEMOCRATIC CHANGEā€“T vs OFFICER COMMANDING BYO CENTRAL DISTRICT POLICE N.O. and THE COMMISSIONER GENERAL ZIMBABWE REPUBLIC POLICE N.O. and THE MINISTER OF HOME AFFAIRS N.O.
Ruled By: MAKONESE J

19 and 26 May 2016 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 ...

HB125-18 : THE SHERIFF OF ZIMBABWE - APPLICANT vs CORESOIL MINING PL (Represented by Kelvin Kaguru) - CLAIMANT and KUSAFUNGA KAGURU - JUDGMENT DEBTOR and ESTER MOYO (NEE KELLIE) - JUDGMENT CREDITOR
Ruled By: MAKONESE J

30 May and 7 June 2018 Procedural Law-viz judicial attachment re interpleader proceedings iro Rule 205 of the High Court Rules.Procedural Law-viz judicial attachment re inter-pleader ...

HB125-11 : PASTOR MOYO and REVEREND DWIGHT BALTZELL and REVERND DARREL LEE and THE APOSTOLIC FAITH MISSION OF PORTLAND OREGON vs REVEREND RICHARD SIBANDA and THE APOSTOLIC FAITH MISSION
Ruled By: MATHONSI J

9 September 2011 and 22 September 2011 Procedural Law-viz rules of evidence re documentary evidence.Procedural Law-viz automatic bar re failure to file opposition papers.Procedural Law-viz rescission of ...

HB125-10 : JORAM DUBE vs OFFICER COMMANDING DISTRICT, NKAYI and OFFICER IN CHARGE, NKAYI and COMMISSIONER GENERAL OF POLICE and CO-MINISTERS OF HOME AFFAIRS
Ruled By: MATHONSI J

14 October 2010 and 21 October 2010 Procedural Law-viz urgent chamber application.Constitutional Law-viz constitutional rights re criminal investigations iro arrest and detention.Procedural Law-viz final orders re confirmation ...

HB125-09 : VISION SITHOLE vs LESLIE KHUMALO and DEPUTY SHERIFF, BULAWAYO
Ruled By: CHEDA J

16 November 2009 and 17 December 2009 Procedural Law-viz stay of execution.Procedural Law-viz stay of execution re eviction.Procedural Law-viz recusal.Procedural Law-viz recusal re bias.

HB124-10 : ESTATE LATE ROSE DZIRUNI vs ENOCK DHLIWAYO
Ruled By: MATHONSI J

14 October 2010 and 21 October 2010 Law of Contract-viz specific performance re specific performance ex contractu.Procedural Law-viz principle of finalityto litigation re dismissal of a matter ...

HB124-09 : CITY OF BULAWAYO vs LILIAN KANDEMERI
Ruled By: NDOU J

30 September and 26 November 2009 Procedural Law-viz provisional order re confirmation of interim interdict.Procedural Law-viz interim interdict re confirmation of provisional order.Law of Property-viz proof ...

HB124-03 : EMMAH MUHAMBI vs STANLEY MUSENDO
Ruled By: CHEDA J

30 October and 20 November 2003 Procedural Law-viz urgent chamber application re custody dispute.Family Law-viz custody re minors iro customary law union.Family Law-viz custody re minors ...

HB123-17 : SERGEANT MAZUNGUNYE F048394B vs THE TRIAL OFFICER (SUPERINTENDENT MUTEMA) and COMMISSIONER GENERAL OF POLICE
Ruled By: MATHONSI J

22 May 2017 and 1 June 2017 Procedural Law-viz review re labour proceedings iro police force.Procedural Law-viz jurisdiction re domestic remedies.Procedural Law-viz jurisdiction re internal remedies.Procedural Law-viz ...

HB123-11 : BRIAN NYATHI and BRIDGET NYATHI vs SILIBAZISO NCUBE N.O. and ESTATE LATE SIPHIWE NYATHI and ESTATE LATE DERICK NYATHI and ASSISTANT MASTER OF THE HIGH COURT
Ruled By: MATHONSI J

6 September 2011 and 15 September 2011 Procedural Law-viz citation re party acting in an official capacity.Estate Law-viz rights of beneficaries re intestate succession iro surviving spouse.Procedural ...

HB123-10 : EDGAR HOWERA vs HERBERT MUDZINGWA and NAOMI MUDZINGWA and DEPUTY SHERIF, KWEKWE and DIRECTOR OF HOUSING, MBIZO, KWEKWE and THE REGISTRAR OF DEEDS, BULAWAYO
Ruled By: MATHONSI J

12 October 2010 and 21 October 2010 Procedural Law-viz final orders re principle of finality to litigation.Law of Property-viz proof of title re immovable property.Law of Property-viz ...

HB122-18 : JOSEPH MARSHAL STUART vs NATIONAL RAILWAYS OF ZIMBABWE
Ruled By: NDOU J

20 April and 31 May 2018 Procedural Law-viz affidavits re supplementary affidavits iro leave to re-open a case.Procedural Law-viz affidavits re additional evidence iro leave to ...

HB122-14 : GAMANGE (PVT) LTD vs SMELLY DUBE and LIMUKANI SIBANDA and MINISTER OF LANDS & RURAL RESETTLEMENT and OTHERS
Ruled By: TAKUVA J

30 May, 2 and 13 June 2014 Procedural Law-viz urgent application.Law of Property-viz proof of title re immovable property iro registered rights.Law of Property-viz subdivision of land.Procedural ...

HB122-11 : ESSIE NCUBE vs BRIAN NGWENYA and RHODAH NGWENYA
Ruled By: NDOU J and MATHONSI J

5 September 2011 and 15 September 2011 Procedural Law-viz civil appeal.Estate Law-viz division of estate property re rights of beneficiaries iro intestate succession.Estate Law-viz rights of beneficiaries ...

HB121-11 : HAZEL NCUBE vs VICTOR MPOFU N.O. and KENNETH T. MUBETI
Ruled By: NDOU J

11, 18 and 20 July and 15 September 2011 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 ...

HB121-09 : PASTOR JAMESON MOYO and REVEREND DWIGHT L. BALTELL and REVEREND DARREL D LEE and ANOTHER vs REVEREND RICHARD JOHN SIBANDA and THE APOSTOLIC FAITH MISSION
Ruled By: CHEDA J

16 November 2009 and 17 December 2009 Procedural Law-viz rescission of judgment.Procedural Law-viz rules of court re High Court Rules iro Rule 63(1).Procedural Law-viz default judgment re ...

HB120-16 : BRYGGEN MOTELS (PVT) LTD vs PURE TREATMENT INVESTMENTS (PVT) LTD
Ruled By: MAKONESE J

16 November 2015 and 19 May 2016 Procedural Law-viz summary judgment re eviction iro Rule 64(1).Procedural Law-viz rules of court re High Court Rules iro Rule 64(1).Procedural ...

HB120-11 : SARAH KHANYE vs PRAXEDES SITHEMBILE KHUMALO and DEPUTY SHERIFF
Ruled By: NDOU J

6 and 15 September 2011 Procedural Law-viz urgent chamber application.Procedural Law-viz urgent application re stay of execution iro eviction.Law of Contract-viz compromise agreement.Procedural Law-viz urgent ...

HB120-10 : SIBUSISIWE MSIMANGA vs SIBONGILE SIBANDA
Ruled By: CHEDA J

3 September 2010 and 21 October 2010 Procedural Law-viz final orders re ex tempore judgment.Law of Property-viz proof of title re immovable property.Law of Property-viz vindicatory action ...

HB12-13 : RAILWAYS ASSOCIATION OF ENGINEMEN (RAE) vs NATIONAL RAILWAYS OF ZIMBABWE
Ruled By: NDOU J

14 September 2012 and 31 January 2013 Labour Law-viz labour arbitration re registration of arbitral award.Procedural Law-viz jurisdiction re concurrent jurisdiction iro judicial deference.

HB12-12 : KENNEDY GWAMURE vs DINGANI TSHUMA
Ruled By: NDOU J

14 September 2009, 26 Novemebr 2010 & 26 January 2012 Law of Contract-viz termination re communicating notice of cancellation to the other party.Law of Contract-viz termination re irregular notice of ...

HB12-11 : TRIANGLE LIMITED vs ZIMBABWE REVENUE AUTHORITY
Ruled By: NDOU J

14 December 2010 and 10 February 2011 Procedural Law-viz urgent chamber application.Procedural Law-viz declaratory order.Procedural Law-viz declaratur.Tax Law-viz garnishee order.Procedural Law-viz rules of evidence re admissions.Procedural Law-viz ...

HB12-10 : BETTY GASELA vs LEONARD MALINGA and BULAWAYO CITY COUNCIL and THE REGISTRAR OF DEEDS
Ruled By: KAMOCHA J

3 and 11 March 2010 Procedural Law-viz citation.Procedural Law-viz citation re party acting in an official capacity.Law of Contract-viz essential elements re condition precedent.Law of ...

HB12-09 : RAMONAH NDLOVU and ESTATE LATE CLEMENT NDLOVU vs SITHABISIWE NDLOVU and BULAWAYO CITY COUNCIL
Ruled By: CHEDA J

7 October 2008 and 29 January 2009 Procedural Law-viz rescission of judgment.Law of Contract-viz termination re notice to remedy a breach.Law of Contract-viz termination re notice of ...

HB119-14 : NKULULEKO MASUKU vs EMANUEL MUGADZA N.O. (HEARING OFFICER) and MBCA BANK LIMITED
Ruled By: MAKONESE J

21 July and 24 July 2014 Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz application for directions re Order 23.Procedural Law-viz rules of ...

HB119-11 : LEAHOLM ENTERPRISES (PVT) LTD vs ZIMBABWE REVENUE AUTHORITY
Ruled By: NDOU J

29 August, 5 and 8 September 2011 Procedural Law-viz urgent chamber application.Procedural Law-viz declaratory order.Procedural Law-viz declaratur.Administrative Law-viz decision of an administrative body re section 3 of ...

HB119-10 : NYARADZAI KAZUVA vs GILBERT DUBE
Ruled By: CHEDA J and MATHONSI J

4 October 2010 and 7 October 2010 Procedural Law-viz civil appeal.Family Law-viz division of the assets of the spouses re customary law union.Family Law-viz custody re minors ...

HB119-09 : CALLETA GWATIRINGA vs ANASTASIA MATAKE
Ruled By: CHEDA J

23 July 2009 and 26 November 2009 Family Law-viz adultery.Damages-viz adultery damages.Procedural Law-viz default judgment.Procedural Law-viz default judgment re failure to enter an appearance to defend.Family Law-viz ...

HB118-16 : ABEL MKHWANANZI vs TIRIVAVI TOTAMIREPI and MINISTRY OF SOCIAL WELFARE
Ruled By: MAKONESE J

19 May 2016 Law of Delict-viz negligence re vicarious liability.Procedural Law-viz rules of evidence re documentary evidence.Damages-viz delictual damages re bodily injury iro ...

HB118-11 : FANI MULEYA vs ROSINA MULEYA
Ruled By: NDOU J and MATHONSI J

5 September 2011 and 15 September 2011 Procedural Law-viz civil appeal.Family Law-viz division of the assets of the spouses re customary law union.Procedural Law-viz form of proceedings ...

HB118-10 : CHRISTMAS GIFT (PVT) LTD vs JAMES MAFOHLA and LIKOBA MAKASENGA a.k.a. RACOBA MAKASHINGA and HARUBVI MBEDZI and OTHERS
Ruled By: KAMOCHA J

4 and 7 October 2010 Procedural Law-viz urgent chamber application.Procedural Law-viz default judgment.Procedural Law-viz proof of service re service of court process iro address for ...

HB117-16 : BENNY HLATSHWAYO & 14 OTHERS vs GEOZING PAWNBROKERS (PVT) LTD and PHILIP NDLOVU N.O. and MATSHOBANA NCUBE N.O. and THE ASSISTANT MASTER OF THE HIGH COURT
Ruled By: TAKUVA J

26 February and 12 May 2016 Procedural Law-viz citation re party acting in an official capacity.Insolvency Law-viz judicial management re confirmation of provisional judicial management iro ...

HB116-09 : EDWARD MANGENA and MALAKI MPOFU vs NINNO FILANNINO and FIVE OTHERS
Ruled By: NDOU J

6 July and 5 November 2009 Procedural Law-viz declaratory order.Law of Property-viz spoliation re land acquisition.Law of Property-viz mandament van spolie re land acquisition.Land Acquisition-viz spoliation ...

HB115-14 : NICOLE MPOFU vs NHLABATHI N.O. (In his capacity and the Executor dative of the Estate late Hedwick Mpofu) and ADMIRE MPOFU and OTHERS
Ruled By: MAKONESE J

15 May and 17 July 2014 Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz condonation re late filing of review application.Procedural Law-viz review ...

HB115-10 : GORDON TUNDURE vs NKOSIKHONA NCUBE and D. MOYO
Ruled By: KAMOCHA J

29 September 2010 Procedural Law-viz exception.Procedural Law-viz special plea.Procedural Law-viz prescription.Procedural Law-viz prescription re judicial interruption iro service of summons.Procedural Law-viz prescription re ...

HB115-09 : TASMINE ENTERPRISES P/L vs ZIMBABWE REVENUE AUTHORITY
Ruled By: NDOU J

7 September and 5 November 2009 Procedural Law-viz interim interdict.Procedural Law-viz provisional order.Tax Law-viz Notice of Embargo re customs duty.Tax Law-viz Notice of Embargo re Customs ...

Appealed
HB114-16 : J.C. CONOLLY AND SONS (PVT) LTD vs R. C. NDHLUKULA and THE MINISTER OF LANDS AND RURAL RESETTLEMENT
Ruled By: MUSAKWA J

29 January and 28 April 2016 Procedural Law-viz final orders re confirmation of a provisional order.Procedural Law-viz final orders re discharge of an interim interdict.Land Acquisition-viz ...

HB114-14 : VIRIMAYI NYAMWIWA and ZEBRA MINING SYNDICATE vs GAMESTAR TRADING (PVT) LTD and MUSHLY INVESTMENTS and DEPUTY SHERIFF N.O and MINING COMMISSIONER
Ruled By: MAKONESE J

20 June 2014 and 17 July 2014 Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz judicial sale in execution.Procedural Law-viz rules of evidence re ...

HB114-10 : MARIA SINGO (Executive Dative of the Estate Late Phillimon Singo) vs ROSE SITHOLE (as the executrix dative of the estate late Ernest Phillip Sithole) and OTHERS
Ruled By: MATHONSI J

28 September 2010 and 30 September 2010 Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz pleadings re amendment to pleadings.Procedural Law-viz prescription.Law of Contract-viz ...

HB114-09 : DENNY NDABEZINHLE MASHENGELE vs JAMES NCUBE
Ruled By: NDOU J

23 October and 5 November 2009 Procedural Law-viz provisional order.Procedural Law-viz interim interdict.Procedural Law-viz declaratory order.Procedural Law-viz declaratory order re illegal retention of goods.Law of Delict-viz ...

HB113-10 : IN RE: SIMBARASHE CHIVAURA vs x
Ruled By: CHEDA J

20 July 2010 and 7 October 2010 Legal Practitioners-viz professional ethics re misconduct.Legal Practitioners-viz professional ethics re misconduct iro conduct in court.Legal Practitioners-viz pro deo assignments.Procedural Law-viz ...

HB113-09 : MADUMELANA IMPORT AND EXPORT (PVT) LTD vs WATSON MPOFU
Ruled By: NDOU J

19 June and 5 November 2009 Procedural Law-viz interim interdict.Procedural Law-viz provisional order.Law of Property-viz vindicatory action.Law of Property-viz rei vindicatio.Procedural Law-viz founding affidavit re authority ...

HB112-16 : ZIMBABWE REVENUE AUTHORITY vs SIKHANYISIWE MPOFU and CHRISTIAN NDLOVU and T. TASHAYA N.O.
Ruled By: MATHONSI J

15 and 21 April 2016 Procedural Law-viz urgent chamber application re stay of execution.Procedural Law-viz service of court proceedings re proof of service iro the ...

HB112-14 : KEMBO MOHADI and OTHERS vs BARBRA LUNGA (in her capacity as the Provisional Liquidator of NERRY INVESTMENTS (PVT) LTD) and CBZ BANK
Ruled By: TAKUVA J

27 March and 24 July 2014 Procedural Law-viz condonation re late filing of opposing papers.Procedural Law-viz urgent chamber application re ex parte iro Rule 242(2)(c).Procedural Law-viz ...

HB111-16 : KURONDA SAFARIS (PVT) LTD vs AMANDA WATSON and THE SHERIFF OF ZIMBABWE
Ruled By: MATHONSI J

15 April 2016 Procedural Law-viz urgent chamber application.Procedural Law-viz provisional order re interim relief overriding an extant court order.Procedural Law-viz interim interdict re ...

HB111-11 : CHRISTOPHER MOYO vs OBERT CHINHAMO
Ruled By: MATHONSI J

18 August 2011 and 25 August 2011 Law of Property-viz passing of ownership re subdivided land iro the Regional Town and Country Planning Act [Chapter 29:12].Law of ...

HB110-16 : FELIX SANGU vs COMMISSIONER GENERAL OF POLICE and THE BOARD OF SUITABILITY and CHIEF SUPERINTENDENT MBENGWA
Ruled By: MATHONSI J

14 April and 21 April 2016 Procedural Law-viz urgent chamber application re stay of execution.Labour Law-viz public service re police force.Procedural Law-viz provisional order re interim ...

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