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Civil Cases

HB30-11 : FISO FIKILINI vs JUMA JAMU
Ruled By: MATHONSI J

18 February and 24 February 2011 Procedural Law-viz summary judgment re eviction.Procedural Law-viz locus standi in judicio.Procedural Law-viz rules of evidence re documentary evidence.Law of Property-viz ...

HB29-17 : CLAUDIOUS MANAMELA and BRIGHTON NANGA and SAZIWE DUBE and ENOCK MARUME vs COMMISSIONER GENERAL ZIMBABWE REPUBLIC POLICE and OFFICER ON CHARGE NJUBE POLICE STATION and APOSTOLIC FAITH MISSION OF AFRICA
Ruled By: KAMOCHA J

14 February 2017 and 23 February 2017 Procedural Law-viz ex parte proceedings.Procedural Law-viz proceedings without notice.Procedural Law-viz chamber application re provisional order iro interim interdict pendente confirmation ...

HB29-15 : JOYCE MAKUMBE vs ANDRISON MUNZVENGA
Ruled By: MUTEMA J and MOYO J

2 February 2015 and 19 February 2015 Family Law-viz custody re minors.Family Law-viz custody re minors iro children born out of wedlock.Family Law-viz custody re minors iro ...

HB29-11 : TINOFARA KUDAKWASHE HOVE vs THE COMMISSIONER-GENERAL ZIMRA
Ruled By: MATHONSI J

15 February 2011 and 24 February 2011 Procedural Law-viz urgent chamber application.Tax Law-viz immigrants rebate re S.I.154 of 2001.Tax Law-viz immigrants rebate re SI 154 of 2001.Tax ...

HB28-15 : SIMELENI DUBE vs CHRISTOPHER DUBE
Ruled By: MAKONESE J

11 February 2014 and 19 February 2015 Procedural Law-viz cause of action re abuse of process iro Rule 75 of the High Court Rules.Procedural Law-viz cause of ...

HB28-14 : DHERERAI MANYONI vs COMMISSIONER GENERAL OF POLICE and CHIEF SUPERINTENDENT KUNENE and CO-MINISTERS OF HOME AFFAIRS
Ruled By: MOYO J

25 October 2013 and 13 February 2014 Procedural Law-viz civil review re grounds for review iro section 27 of the High Court Act [Chapter 7:06].Procedural Law-viz appeal ...

HB28-11 : JOHN MAFANATO and FAINOS MOYO and HAPAZANI PARADZAI vs MS MUDAVANHU, CIVIL MAGISTRATE, GWERU and COURTNEY SHIELDS FERGUSON
Ruled By: NDOU J

31 January, 2 and 17 February 2011 Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz urgent chamber application.Procedural Law-viz postponement of proceedings.Procedural Law-viz ex ...

HB28-10 : MABEL TATSHI NDLOVU vs PATRICK NDLOVU and LINDELWE MLOTSHWA and THE REGISTRAR OF DEEDS, BULAWAYO
Ruled By: KAMOCHA J

14 and 20 May 2010 Procedural Law-viz default judgment re failure to appear.Family Law-viz division of the assets of the spouses re immovable property.Family Law-viz ...

HB28-09 : LANGALIBALELE ETHAN DUBE and THENJIWE DUBE vs THEOPHILUS MALI ZONDO and REGISTRAR OF DEEDS
Ruled By: NDOU J

12 February and 12 March 2009 Procedural Law-viz rescission of judgment.Procedural Law-viz default judgment.Procedural Law-viz rules of court re High Court Rules iro Rule 63(1).Procedural Law-viz ...

HB27-15 : MONICA DHLIWAYO vs BONGANI NDLOVU (as Executor Dative estate Late Jubane James Jack) and ESTATE LATE JUBANE JAMES JACK and CLEMENTINE JACK and DEPUTY MASTER OF THE HIGH COURT
Ruled By: MAKONESE J

20-21 January and 19 February 2015 Procedural Law-viz urgent chamber application re provisional order iro the anti-dissipation interdict.Procedural Law-viz urgent application re interim interdict iro the ...

HB27-14 : PROMISE DANISA vs UMKHONTO WENGUQUKO CO-OPERATIVE
Ruled By: MUTEMA J

22 November 2013 and 13 February 2014 Law of Property-viz vindicatory action re eviction.Law of Property-viz rei vindicatio re eviction.Procedural Law-viz default judgment re failure to enter ...

HB27-11 : NATIONAL SOCIAL SECURITY AUTHORITY vs PARKHAM ENTERPRISES (PVT) LTD t/a RUBBER PRODUCTS
Ruled By: MATHONSI J

16 February 2011 and 24 February 2011 Procedural Law-viz summary judgment re debt.Procedural Law-viz rules of evidence re documentary evidence.Law of Contract-viz debt re acknowledgement of debt.Law ...

HB27-10 : PATIENCE MOYO and ZIVANAYI MWEDZI and ANDREW BALENI and MARGRET MREWA and EDMORE VETERAI and OTHERS vs BULAWAYO KNITWEAR (PVT) LTD and MESSENGER OF COURT, BULAWAYO DISTRICT
Ruled By: KAMOCHA J

11, 14 and 20 May 2010 Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz urgent chamber application,Procedural Law-viz judicial ejectment re stay of ...

HB27-09 : ZIMBABWE NATIONAL STUDENTS UNION and NUST STUDENTS' REPRESENTATIVE COUNCIL vs NATIONAL UNIVERSITY OF SCIENCE AND TECHNOLOGY and MINISTER OF HIGHER EDUCATION
Ruled By: NDOU J

12 March 2009 Procedural Law-viz provisional order re declaratur.Procedural Law-viz declaratory order.Education Law-viz fee structure.Education Law-viz fee structure re tertiary institution.Banking Law-viz exchange ...

HB26-16 : KAMBUZI NINE MINE (PVT) LIMITED vs DOUGLAS PALFRAMAN and STEPHEN MURAMBASVINA T/A JARVIS PALFRAMAN LEGAL PRACTITIONERS and JOLIE OBERT
Ruled By: MATHONSI J

4 and 11 February 2016 Procedural Law-viz summary judgment re claim for damages.Law of Delict-viz negligence re professional negligence.Law of Delict-viz negligence re vicarious liability.Procedural ...

HB26-14 : PEPPER GRINDER TRADING (PVT) LTD vs TRANSMZANSI (PVT) LTD and TWALUMBA CIVILS
Ruled By: MUTEMA J

22 November 2013 and 13 February 2014 Procedural Law-viz summary judgment.Law of Contract-viz debt re contractual debt.Procedural Law-viz rules of evidence re documentary evidence.Law of Contract-viz debt ...

HB26-11 : LESLIE KHUMALO vs VISION SITHOLE
Ruled By: MATHONSI J

15 February 2011 and 17 February 2011 Law of Property-viz proof of title re immovable property iro registered rights.Procedural Law-viz rules of evidence re documentary evidence.Procedural Law-viz ...

HB26-10 : ZIMBABWE NATIONAL WATER AUTHORITY vs KARIBA MUNICIPALITY
Ruled By: NDOU J

12 and 20 May 2010 Procedural Law-viz pre-trial conference re Rule 182(4).Procedural Law-viz High Court Rules re Rule 182(4) iro pretrial conference.Procedural Law-viz rules of ...

HB257-16 : VILLAGE PROPERTIES (PVT) LTD vs REGGIE SARUCHERA (as Liquidator of 2nd respondent) and JW JAGGERS WHOLESALERS (PVT) LTD (in liquidation)
Ruled By: MAKONESE J

22 July and 13 October 2016 Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz interim interdict pendente lite.Law of Property-viz disputed assets re ...

HB253-16 : MBERIKUNASHE MASVIBO and 14 OTHERS vs TN HARLEQUIN LUXAIRE LIMITED
Ruled By: MAKONESE J

3 June and 6 October 2016 Procedural Law-viz declaratory order re consequential relief.Procedural Law-viz declaratur re consequential relief.Labour Law-viz employment contract re termination iro termination on ...

HB252-16 : ROBERT MAFU and 54 OTHERS vs AGRICULTURAL & RURAL DEVELOPMENT AUTHORITY (ARDA) and TREK PETROLEUM
Ruled By: MAKONESE J

29 September and 6 October 2016 Procedural Law-viz urgent chamber application.Law of Property-viz spoliation order.Law of Property-viz mandament van spolie.Procedural Law-viz urgent application re urgency iro ...

HB251-16 : BEKI SIBANDA vs VANSBURG DRUMGOLD ENTERPRISES and PROVINCIAL MINING DIRECTOR, MIDLANDS PROVINCE and SECRETARY FOR MINES & MINING DEVELOPMENT and MINISTER OF MINES & MINING DEVELOPMENT
Ruled By: MAKONESE J

27 September and 6 October 2016 Procedural Law-viz urgent chamber application re application for joinder.Procedural Law-viz citation re joinder iro Rule 87 of the High Court ...

HB25-15 : DORCAS MHLANGA vs BENJAMIN PHAKATSHANE
Ruled By: MUTEMA J and MOYO J

2 and 12 February 2015 Procedural Law-viz civil appeal.Estate Law-viz rights of beneficiaries re property transcending separate estates.Estate Law-viz rights of beneficiaries re inheritance ab ...

HB25-12 : GEORGE MPUKUTA vs MOTOR INSURANCE POOL and ZIMBABWE REVENUE AUTHORITY and INSURANCE AND PENSION COMMISSION and MINISTER OF FINANCE
Ruled By: NDOU J

3 and 9 February 2012 Insurance Law-viz insurance cover re motor vehicle insurance.Procedural Law-viz declaratory order re section 14 of the High Court Act [Chapter ...

HB25-11 : RANOTH MATSHAZI vs JOEL MLOTSHWA and THE REGISTRAR OF DEEDS
Ruled By: NDOU J

2 July 2010 and 17 February 2011 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 ...

HB25-10 : MAXWELL HEDIOUS MOYO vs MARGRET MOYO and MADA MOYO
Ruled By: NDOU J

25 February and 13 May 2010 Law of Property-viz spoliation order re incidental possession.Law of Property-viz mandament van spolie.Procedural Law-viz locus standi.Procedural Law-viz rules of evidence ...

HB25-09 : MEKIYA NYATHI vs JOYCE MUVEZWA and B. TADERERA and SENDRA MUVEZWA and THE REGISTRAR OF DEEDS (BULAWAYO)
Ruled By: CHEDA J

26 November 2008 and 26 February 2009 Procedural Law-viz provisional order re interim interdict iro interdict barring the selling of immovable property.Procedural Law-viz provisional order re interim ...

HB242-16 : M O B CAPITAL (PVT) LTD vs TERERAI CHABATA and LYNETTE CHABATA and THE SHERIFF OF ZIMBABWE
Ruled By: MAKONESE J

12 July and 29 September 2016 Procedural Law-viz urgent chamber application re stay of execution.Procedural Law-viz automatic bar re default judgment.Procedural Law-viz automatic bar re upliftment ...

HB241-16 : FRANCIS MOYO vs COMMISSIONER GENERAL OF POLICE N.O. and SUPERITENDENT NYAMAROPA N.O. and CO-MINISTER OF HOME AFFAIRS N.O.
Ruled By: TAKUVA J

3 June and 29 September 2016 Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz civil review re labour proceedings.Procedural Law-viz rules of evidence ...

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 ...

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