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Civil Cases

HB63-11 : TAFARA CHATORA and FRANCO MUNETSI KATSANDE and MELUSI NDLOVU and ENOS NDLOVU vs THE CHAIRPERSON, WESTERN REGION RENT BOARD and P D S INVESTMENTS (PVT) LTD
Ruled By: MATHONSI J

4 May 2011 and 12 May 2011 Law of Property-viz Rent Regulations re statutory tenant.Law of Property-viz Rent Regulations re statutory tenancy iro S.I.32 of 2007.Law of ...

HB63-10 : SALLY MAPLANKA vs B. A. NCUBE HOLDINGS
Ruled By: NDOU J

13 July 2009 and 15 July 2010 Procedural Law-viz Stated Case proceedings re Rule 199. Procedural Law-viz rules of court re High Court Rules iro Rule 199.Procedural ...

HB62-11 : JABULANI NYONI vs DIBDEN SERVICES (PVT) LTD and MINISTER OF STATE FOR NATIONAL SECURITY, LAND REFORM & RESETTLEMENT IN THE PRESIDENT'S OFFICE
Ruled By: KAMOCHA J

15 and 28 April 2011 Procedural Law-viz urgent chamber application.Procedural Law-viz urgent application re stay of execution.Procedural Law-viz final orders re brutum fulmen judgment.Procedural Law-viz ...

HB62-10 : CORNIEL DUBE vs GEORGE GRAHAM and OFFICER-IN-CHARGE, MBEMBESI POLICE STATION and DEPUTY SHERIFF FOR BULAWAYO
Ruled By: NDOU J

24 July 2009 and 15 July 2010 Land Acquisition-viz resettlement and operational challenges of the land reform.Agency Law-viz appointment of agent.Administrative Law-viz allocation of land under the ...

HB62-09 : SAI ENTERPRISES (PRIVATE) LIMITED vs GIRDLE ENTERPRISES (PRIVATE) LIMITED t/a QUALITY ENGINEERING SERVICES (PRIVATE) LIMITED
Ruled By: NDOU J

14 May and 4 June2009 Procedural Law-viz rescission of judgment.Procedural Law-default judgment.Procedural Law-viz rescission of judgment re notice of set down.Procedural Law-viz rules of court ...

HB61-13 : TIMOTHY NKOMO vs CITY OF BULAWAYO and FRONT HUNK MARKETING (PVT) LTD
Ruled By: CHEDA AJ

6 February and 14 March 2013 Procedural Law-viz civil review re administrative decision.Local Authorities-viz lease agreement with a local authority.Local Authorities-viz powers to retake possession re ...

HB61-11 : ZPRA VETERANS TRUST vs FALLEN HEROES TRUST and GEORGE RUTANHIRE and THERESA MAKONE, N.O. and KEMBO MOHADI (Co-Ministers of Home Affairs)
Ruled By: MATHONSI J

6 April and 7 April 2011 Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz urgent chamber application.Procedural Law-viz directions of the court.Procedural Law-viz ...

HB61-10 : LUXION TACHIONA and NONTOKOZO DUBE vs NATIONAL RAILWAYS OF ZIMBABWE
Ruled By: NDOU J

2 June 2008 and 15 July 2010 Procedural Law-viz Stated Case re Rule 199.Procedural Law-viz rules of court re High Court Rules iro Rule 199.Procedural Law-viz High ...

HB61-09 : SARAH MLANGENI vs TREZIAH NDLOVU
Ruled By: BERE J

29 August 2006 and 21 May 2009 Procedural Law-viz urgent chamber application re notice of opposition.Procedural Law-viz notice of opposition re timing of filing of notice of ...

View Appeal
HB60-19 : JOEL SILONDA vs VUSUMUZI NKOMO
Ruled By: BERE J

16, 17 and 24 January 2018 and 2 May 2019 Procedural Law-viz declaratory order re consequential relief.Procedural Law-viz declaratur re consequential relief.Law of Contract-viz purchase and sale re validity of ...

HB60-15 : JABULANI NCUBE vs INNOCENT NYATHI
Ruled By: MOYO J

23 February and 19 March 2015 Procedural Law-viz condonation re late filing of court papers.Procedural Law-viz jurisdiction re judicial deference iro assessment of prospects in the ...

HB60-11 : REZIMOSI DUBE vs SANDRA FARAI DUBE
Ruled By: KAMOCHA J

28 and 29 May 2009; 2, 3, 4, 8 and 9 June 2009 and 7 April 2011 Family Law-viz decree of divorce re civil marriage.Family Law-viz decree of divorce re irretrievable breakdown of the marriage.Procedural Law-viz final ...

HB59-15 : NOMUSA NCUBE (as Executrix Dative of Estate Late Alice Nkala) vs GOODWILL NKALA
Ruled By: MOYO J

23 February and 19 March 2015 Procedural Law-viz summary judgment re eviction proceedings.Law of Property-viz vindicatory action re claim of right.Law of Property-viz rei vindicatio re ...

HB59-13 : COMMISSIONER GENERAL OF POLICE vs FARAI BASIL NYAPOKOTO
Ruled By: MAKONESE J

5 March and 14 March 2013 Procedural Law-viz urgent chamber application.Procedural Law-viz urgent application re stay of execution.Procedural Law-viz rules of evidence re documentary evidence.Procedural Law-viz ...

Appealed
HB59-09 : DINESH MANILAL NARAN vs RONNAH MAFURIRANO and THE REGISTRAR OF DEEDS
Ruled By: KAMOCHA J

6 and 7 March 2008 and 21 May 2009 Procedural Law-viz declaratory order.Procedural Law-viz declaratur.Law of Property-viz passing of ownership re implied lawful right of ownership.Law of Property-viz proof ...

HB58-15 : TRIANIC INVESTMENTS (PVT) LTD and MEYER DRAY vs NQOBILE KHUMALO and FRANCESCA MUFAMBI and OFFICER-IN-CHARGE (FILABUSI) ZIMBABWE REPUBLIC POLICE
Ruled By: MOYO J

3 and 19 March 2015 Procedural Law-viz urgent application re stay of execution.Procedural Law-viz urgent application re provisional order iro interim interdict pendente lite.Procedural ...

HB58-13 : WOMEN IN MINING (GWERU DIVISION) MATCSS SYNDICATE vs SAMUEL MAGEJA and NORMAN CHIVU and TOZIVEPI SHUMBA and MIGIEL JOVNER and MINING COMMISSIONER (GWERU)
Ruled By: CHEDA AJ

20 February and 14 March 2013 Procedural Law-viz cause of action re clarity as to the cause of action.Procedural Law-viz final orders re confirmation of provisional ...

HB58-11 : TRADEPASS MARKETING SERVICES (PVT) LIMITED T/A OUTREACH FOR JESUS CARPENTERS vs M. FILANNINO AND MARKOU M and JOHN POCOCK AND COMPANY (PVT) LIMITED and OTHERS
Ruled By: MATHONSI J

28 and 31 March 2011 Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz automtic bar re intention to bar iro notice of ...

HB57-16 : HAMUTENDI KOMBAYI and OTHERS vs MINISTER OF LOCAL GOVERNMENTand PROVINCIAL ADMINISTRATOR, MIDLANDS PROVINCE and DR LUCKSON CHIKUMBIRIKE NO. and MR G. N KHOSA NO. and NICHOLAS MOYO NO.
Ruled By: BERE J

18 and 22 February 2016 Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz final orders re confirmation of a provisional order.Procedural Law-viz ...

HB57-15 : SIPIWO NKOMO vs MLWELIWENKULULEKO NCUBE
Ruled By: MUTEMA J

3 and 12 March 2015 Procedural Law-viz default judgment re rescission of judgement.Procedural Law-viz default judgement re unopposed proceedings.Procedural Law-viz final orders re the final ...

HB57-11 : TRADEPASS MARKETING SERVICES (PVT) LIMITED T/A OUTREACH FOR JESUS CARPENTERS vs M. FILANNINO AND MARKOU M and JOHN POCOCK AND COMPANY (PVT) LIMITED and OTHERS
Ruled By: MATHONSI J

28 and 31 March 2011 Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz declaratory order.Procedural Law-viz declaratur.Procedural Law-viz automatic bar re filing ...

HB57-09 : TRYSON INVESTMENTS vs MAPLE LEAF MINING (represented by Cecil Madondo N. O.) and MINING COMMISSIONER
Ruled By: NDOU J

30 April and 7 May 2009 Procedural Law-viz provisional order re disposal of mining claims.Procedural Law-viz interim interdict re disposal of mining claims.Mining-viz mining claims.Mining-viz Tribute ...

HB56-15 : GLADYS KARENGWA vs ALBERT MPOFU
Ruled By: MAKONESE J

2 March and 19 March 2015 Procedural Law-viz final orders re dismissal of a matter for want of prosecution iro Rule 236 of the High Court ...

HB56-13 : REGINALD MAPIKA vs CHAIRMAN OF POLICE SERVICE COMMISSION and COMMISSIONER GENERAL OF POLICE and CHIEF SUPERINTENDENT MASINA and OFFICER COMMANDING BULAWAYO PROVINCE and MINISTERS
Ruled By: CHEDA AJ

28 January and 7 March 2013 Procedural Law-viz citation re party acting in an official capacity.Labour Law-viz public service re police force.Procedural Law-viz civil review.

HB56-11 : ELIZABETH READ vs MAIKOL PHIRI and JENNIFER PHIRI and REGISTRAR OF DEEDS
Ruled By: CHEDA J

28 and 31 March 2011 Procedural Law-viz final orders re confirmation of provisional order.Procedural Law-viz final orders re discharge of interim interdict.Law of Contract-viz option.Law ...

HB56-10 : GRACE KHUMALO vs PARIS MPOFU and THE DEPUTY SHERIFF
Ruled By: MATHONSI J

6 July 2010 and 8 July 2010 Procedural Law-viz urgent chamber application.Procedural Law-viz urgent application re stay of execution.Procedural Law-viz urgent chamber application re stay of execution ...

HB56-09 : BENTONS (PVT) LTD vs SWAN PROPERTIES (PVT) LTD
Ruled By: NDOU J

4 and 7 May 2009 Procedural Law-viz provisional order.Procedural Law-viz interim interdict.Law of Property-viz property given grantis re donation.Law of Property-viz agreement of lease re ...

HB54-13 : NKOSITHABILE MDLONGWA vs MLUNGISI NGWENYA
Ruled By: MAKONESE J

16 May 2012 and 7 March 2013 Procedural Law-viz automatic bar re failure to enter appearance to defend.Procedural Law-viz default judgment.Law of Delict-viz contumelia.Law of Delict-viz unlawful ...

HB54-10 : VISION SITHOLE vs LESLIE KHUMALO and DEPUTY SHERIFF
Ruled By: KAMOCHA J

30 June and 8 July 2010 Procedural Law-viz stay of execution.Procedural Law-viz stay of execution re judicial ejectment.Procedural Law-viz stay of execution re judicial ejectment iro ...

HB54-09 : GERHARDUS HERMANUS GROVE vs ALECK KADYE N.O. and ATTORNEY GENERAL N.O.
Ruled By: NDOU J

28 April and 7 May 2009 Procedural Law-viz provisional order.Procedural Law-viz interim interdict.Procedural Law-viz rules of evidence re documentary evidence.Procedural Law-viz rules of evidence re expert ...

HB53-16 : RAILINGS ENTERPRISES (PVT) LTD T/A PAROAN TRUCKING vs DOWOOD SERVICES (PVT) LTD /T/A BRADFIELD MOTORS and DAVID LUWO and ROSE LUWO
Ruled By: MATHONSI J

18 and 25 February 2016 Law of Contract-viz debt re contractual debt.Law of Contract-viz debt re acknowledgement of debt re summary judgment.Law of Contract-viz debt ...

HB53-15 : ZB BUILDING SOCIETY vs TAKESURE MASANZU
Ruled By: MOYO J

10, 11 February and 19 March 2015 Law of Property-viz vindicatory action re eviction proceedings.Law of Property-viz rei vindicatio re eviction proceedings.Law of Property-viz lease agreement re ...

HB52-13 : KENES SIBANDA vs PROVINCIAL MAGISTRATE N.O. KEZI COURT and PUBLIC PROSECUTOR N.O. KEZI COURT and ATTORNEY GENERAL N.O. and MINISTER OF JUSTICE N.O.
Ruled By: CHEDA J

18 June 2009 and 28 March 2013 Procedural Law-viz citation re party acting in n official capacity.Procedural Law-viz civil review re unterminated proceedings.Procedural Law-viz urgent chamber application ...

HB51-10 : MORRIS CHINGUWA vs SIPHO NYONI and MAGISTRATE ZVISHAVANE and MR MUTSUNGUMA N.O. THE MESSENGER OF COURT/D/SHERIFF
Ruled By: MATHONSI J

30 June 2010 and 1 July 2010 Procedural Law-viz citation re party acting in an official capacity.Procedural law-viz judicial arbitration re customary courts.Procedural Law-viz judicial arbitration re ...

HB49-10 : SUPERINTENDENT ERNEST HUNGWE vs COMMISSIONER GENERAL AUGUSETINE CHIHURI and SERGEANT ONISMAS MAWEREZA
Ruled By: CHEDA J

16 June 2010 and 15 July 2010 Procedural Law-viz rescission of judgment.Procedural Law-viz rescission of judgment re rescission of judgment of a provisional order granted in error ...

HB49-09 : RHODA MHLANGA vs RICHARD NDEBELE and REGISTRAR OF DEEDS [N.O.]
Ruled By: NDOU J

7 November 2008 and 9 April 2009 Law of Contract-viz specific performance re specific performance ex contractu.Law of Contract-viz specific performance re agency.Agency Law-viz specific performance ex ...

HB48-15 : EBENEZER TRUST vs THE MINISTER OF LANDS AND RURAL RESSETTLEMENT and P. K. MHLANGA N.O. (as Acting District Lands Officer) and RHODIE MASHINGAIDZE and CHIEF MASUKU
Ruled By: MOYO J

19 February and 12 March 2015 Procedural Law-viz citation re party acting in an official capacity iro nominus officae.Procedural Law-viz citation re party acting in an ...

HB48-14 : HERBERT SITHOLE vs PHARMACEUTICAL COUNCIL OF ZIMBABWE
Ruled By: MAKONESE J

20 March 2014 Education Law-viz examinations.Procedural Law-viz rules of evidence re documentary evidence.Administrative Law-viz administrative action re the principles of natural justice.

HB48-13 : T.M.R. (PVT) LTD vs KWEKWE PROPERTIES (PVT) LTD and PROVINCIAL MAGISTRATE, KWEKWE N.O. and MESSENGER OF COURT, KWEKWE N.O.
Ruled By: KAMOCHA J

10 December 2012 and 21 February 2013 Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz urgent chamber application re urgency.Procedural Law-viz urgent application re ...

HB48-11 : FORT GROUP ENTERPRISES (PVT) LTD vs BRIGHT INVESTMENTS (PVT) LTD
Ruled By: CHEDA J

10 March and 17 March 2011 Law of Contract-viz essential elements re undue influence.Law of Property-viz lease agreement re termination.Law of Property-viz agreement of lease re ...

HB48-09 : KUNDAYI KWARAMBA vs TITUS NDLOVU and NTANDOYENKOSI NDLOVU (NEE SIBANDA) and REGISTRAR OF DEEDS, N.O. and DEPUTY SHERIFF, BULAWAYO
Ruled By: CHEDA J

13 March 2009 and 23 April 2009 Procedural Law-viz citation re party acting in an official capacity iro nominee officii.Procedural Law-viz citation re party acting in an ...

Appealed
HB47-14 : ZIMBABWE MINING COMPANY (PVT) LTD vs OUTSOURCE SECURITY (PVT) LTD and DEPUTY SHERIFF (GWANDA) and WILLEM SMIT and S. DHLIWAYO and A.P. GLENDENING
Ruled By: KAMOCHA J

4 July and 13 March 2014 Procedural Law-viz provisional order.Procedural Law-viz interim interdict.Procedural Law-viz judicial sale in execution re movable property.Law of Contract-viz compromise agreement.Procedural Law-viz ...

HB47-13 : OSCAR BOMA and LAMECK MWANZA vs COMMISSIONER GENERAL OF ZIMBABWE REPUBLIC POLICE and CHAIRMAN OF THE POLICE SERVICE COMMISSION
Ruled By: MAKONESE J

13, 15 and 28 February 2013 Labour Law-viz public service re police force.Procedural Law-viz civil review.Procedural Law-viz pleadings re amendment to pleadings iro amendment of draft ...

HB47-09 : NOMSA MARANGO vs LEONARD NDLOVU
Ruled By: KAMOCHA J

21 May 2008 and 2 April 2009 Procedural Law-viz summary judgment.Procedural Law-viz summary judgment re eviction.Law of Property-viz eviction re summary judgment.Procedural Law-viz summary judgment re bona ...

HB46-15 : ZENZO NTULIKI vs TIMOTHY SEAN WHITE and OFFICER COMMANDING MATEBELELAND SOUTH PROVINCE and THE SHERIFF OF ZIMBABWE N.O.
Ruled By: MOYO J

17 February and 12 March 2015 Procedural Law-viz citation re party acting in an official capacity iro nominus officiae.Procedural Law-viz citation re party acting in an ...

HB46-14 : TOPPERS UNIFORMS PL vs HYDE PARK INVESTMENTS PL and TOTALLY UNIFORMS PL and AHMED ESAT and NKANI KHOZA and ZULEKA ESAT
Ruled By: MUTEMA J

7 and 13 March 2014 Procedural Law-viz urgent chamber application re interim interdict pendente confirmation proceedings.Company Law-viz shareholding re share transactions.Competition Law-viz unfair trade competition ...

HB46-10 : IRENE MASANGO vs ZANELE SIBANDA N.O. and ASSISTANT MASTER
Ruled By: KAMOCHA J

23 June 2010 Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz final order re ex tempore judgment.Procedural Law-viz rescission of ...

HB46-09 : HERBERT SIKHOSANA vs ESTATE LATE A MTSANA and SHOWLAST NCUBE and NAPFUTALI SIBANDA and ZANELE NCUBE and NOKUTHULA MTHETHWA and ORS
Ruled By: NDOU J

2 April 2009 Estate Law-viz legal status of a deceased estate.Law of Contract-viz specific performance re specific performance ex contractu.Law of Contract-viz purchase ...

HB45-14 : CBZ BANK LIMITED vs PHILLIP NDLOVU N.O. and NATIONAL SOCIAL SECURITY AUTHORITY and AFRASIA BANK ZIMBABWE LIMITED and MBCA BANK LIMITED and BANC ABC and OTHERS
Ruled By: KAMOCHA J

20 January and 6 March 2014 Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz urgent chamber application re urgency.Procedural Law-viz urgent application re ...

HB45-13 : THULANI NDEBELE vs JOHN PERCIVAL BAWDEN
Ruled By: CHEDA AJ

7 and 21 February 2013 Procedural Law-viz affidavit re founding affidavit iro amendment to founding affidavit.Procedural Law-viz pleadings re amendment to pleadings iro amendment to ...

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