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Civil Cases

HB154-16 : FORBES & THOMPSON (BULAWAYO) (PVT) LTD vs THE ZIMBABWE NATIONAL WATER AUTHORITY and TIMOTHY KADYAMUSUMA
Ruled By: MOYO J

11 May 16 June 2016 Procedural Law-viz urgent chamber application.Water Law-viz disconnection of services.Water Law-viz termination of water supply.Law of Property-viz spoliation order re utility ...

HB154-11 : NATIONAL BLANKETS LIMITED vs DAVID WHITEHEAD TEXTILES LIMITED
Ruled By: KAMOCHA J

17 September 2010 and 20 Ocotber 2011 Law of Property-viz passing of ownership re subdivided land iro sub-divisional permit.Company Law-viz shareholding re share transactions.Company Law-viz shareholding re ...

HB153-11 : JONA NDALAMA vs CHIEF SUPERINTENDENT – HAPPYMORE SIGAUKE and COMMISSIONER GENERAL – AUGUSTINE CHIHURI
Ruled By: NDOU J

28 January and 13 October 2011 Labour Law-viz public service re police force.Procedural Law-viz civil review.Procedural Law-viz service of court process re defective service.Procedural Law-viz civil ...

HB152-11 : DERICK MASEKO vs MPIKELELO NGANEZWE KHUMALO and THE DEPUTY SHERIFF
Ruled By: KAMOCHA J

7 October 2011 Procedural Law-viz final orders re ex tempore judgment.Procedural Law-viz postponement of proceedings.Procedural Law-viz filing of heads of argument re Rule ...

HB151-16 : CHRISTOPER MABHUNU vs THE COMMISSIONER GENERAL OF POLICE
Ruled By: MAKONESE J

20 May and 16 June 2016 Procedural Law-viz review.Labour Law-viz disciplinary hearings re police service.Procedural Law-viz rules of construction re inferiority of subsidiary legislation over an ...

HB15-12 : EDMOS GABARINOCHEKA vs OFFICER COMMANDING TRAFFIC CENTRAL BUSINESS DISTRICT, BULAWAYO AND THREE OTHERS
Ruled By: NDOU J

13 & 17 October 2011 & 26 January 2012 Labour Law-viz police officer re disciplinary charge iro election for hearing to be heard before a magistrates court.

HB15-10 : TIMOTHY SIJIYE vs MFANUKHONA PHIRI and DAVID MPOFU and TAKATSO MPOFU
Ruled By: KAMOCHA J

11 and 25 March 2010 Procedural Law-viz default judgment re rescission of judgment.Procedural Law-viz citation re joinder.Procedural Law-viz citation re joinder iro finalized matters.Procedural Law-viz ...

HB15-09 : STANLEY SIBANDA vs MAXWELL SININI SIBANDA AND THREE OTHERS
Ruled By: NDOU J

7 February, 2009 Law of Property-viz double sale.Law of Property-viz sale re double sale iro municipality housing waiting list.Law of Property-viz sale re ...

HB149-16 : MUNATSI SHOKO vs OLD MUTUAL ZIMBABWE LIMITED
Ruled By: MOYO J

11, 12 February and 16 June 2016 Pensions Law-viz pension annuity.Pensions Law-viz retirement re retirement annuity policy.Procedural Law-viz disputes of fact re material dispute of facts.Procedural Law-viz ...

HB149-10 : PETER PATRICK DUBE vs THEMBANI DUBE
Ruled By: MATHONSI J

26 October 2010, 2-3 November 2010 and 18 November 2010 Family Law-viz decree of divorce.Family Law-viz division of the assets of the spouses re marital misconduct.Family Law-viz maintenance re spousal ...

HB147-18 : MARTIN JONGWE vs NATIONAL FOODS LTD and LABOUR COURT (BULAWAYO - HON KABASA)
Ruled By: MATHONSI J

16 May 2018 and 14 June 2018 Procedural Law-viz condonation re late filing of application for review,Labour Law-viz employment contract re transfer of employees.Procedural Law-viz review re ...

HB147-16 : SAWA SECURITY (PVT) LTD t/a MALIGREEN MINE vs RESOURCES AND INVESTMENT (PVT) LTD
Ruled By: BERE J

7 June 2016 Law of Contract-viz debt re contractual debt iro services rendered.Procedural Law-viz rules of evidence re documentary evidence.Procedural Law-viz summary judgment.Law ...

HB146-16 : ADMIRE MAHACHI and NYARAI MPOFU and EMMANUEL MUGUTO and KNOWLEDGE SHAMHU vs OFFICER COMMANDING MATABELELAND SOUTH PROVINCE, N.O and COMMISSIONER GENERAL OF POLICE N.O.
Ruled By: MOYO J

9 June 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 interim ...

HB146-10 : MILTON NCUBE vs MESSENGER OF COURT, BULAWAYO N.O. and HONOURED NCUBE
Ruled By: MATHONSI J

4 November 2010 and 11 November 2010 Procedural Law-viz urgent chamber application re provisional order.Procedural Law-viz urgent application re interim interdict iro stay of execution.Procedural Law-viz judicial ...

HB145-11 : REBECCA MBEDZI vs MUVHUSO MBEDZI and THE DISTRICT ADMINISTRATOR, BEITBRIDGE and THE MINISTER OF LOCAL GOVERNMENT, URBAN PLANNING AND DEVELOPMENT
Ruled By: MATHONSI J

28 September 2011 and 6 October 2011 Traditional Leadership-viz chieftainship re principles of succession.Procedural Law-viz citation re substitution of a party.Procedural Law-viz rules of evidence re documentary ...

HB145-10 : JANE NYIKA vs THEMBANI MOYO and ALPHEUS NCUBE and REGISTRAR OF DEEDS and CITY OF BULAWAYO
Ruled By: MATHONSI J

28, 29 October 2010 and 4 November 2010 Law of Contract-viz essential elements re undue influence.Agency Law-viz power of attorney.Procedural Law-viz service of court process.Procedural Law-viz counterclaim.Procedural Law-viz ...

HB144-16 : TEBEKWE SANDS PL vs MATOVU INVESTMENT PL (represented by Smelly Dube) and OFFICER COMMANDING MIDLANDS PROVINCE N.O. and PROVINCIAL MINING DIRECTOR MIDLANDS PROVINCE N.O.
Ruled By: BERE J

3 and 9 June 2016 Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz urgent chamber application.Procedural Law-viz contempt of court re Rule ...

HB144-11 : PROSPER CHIGU vs LAWRENCE GAVA
Ruled By: NDOU J and MATHONSI J

5 September and 6 October 2011 Procedural Law-viz civil appeal.Family Law-viz maintenance re variation of maintenance order.

HB143-16 : SIFISO KHUMALO vs SIHLESENKOSI NDLOVU and ZANELE NDOWA and POLKA EXECUTORS SERVICES PL and OFFICER IN CHARGE LUVEVE POLICE STATION and ASSISTANT MASTER OF THE HIGH COURT
Ruled By: MAKONESE J

1 and 9 June 2016 Procedural Law-viz urgent chamber application.Procedural Law-viz final orders re entitlement of a litigating party to written reasons for judgment.Procedural Law-viz ...

HB142-16 : WILTSHIRE EXPLOSIVES PL vs OLYMPUS GOLD ZIMBABWE LTD t/a GOLDEN QUARRY MINE and FALCON GOLD LTD t/a DALNY MINE and CASMYN MINING ZIMBABWE PL and OLYMPUS GOLD ZIM LTD t/a OLD NIC MINE
Ruled By: MATHONSI J

31 May 2016, 1 June and 9 June 2016 Legal Practitioners-viz professional ethics.Procedural Law-viz pleadings re withdrawal of pleadings iro withdrawal of opposition to a claim.Procedural Law-viz withdrawal of ...

HB142-11 : ENFUND TRADING COMPANY t/a ALPHA MOTORS vs GORDON THONYE t/a THONYE LAND SURVEYORS and THE DEPUTY SHERIFF (N.O)
Ruled By: CHEDA J

17 and 22 May 2011 and 20 October 2011 Procedural Law-viz urgent chamber application re stay of execution.Law of Property-viz proof of title re movable assets iro motor vehicle.Law ...

HB142-10 : PECHI INVESTMENTS (PVT) LTD vs MAURICE MUTATSI NYAMUDA T/A EBUNANDINI RESTAURANT
Ruled By: CHEDA J

25 October 2010 and 18 November 2010 Procedural Law-viz recusal.Law of Property-viz lease agreement re termination.Law of Property-viz agreement of lease re termination iro eviction.Procedural Law-viz consolidation ...

HB141-16 : REV. CLEMENT NYATHI and REV. JAMES MORRIS and OTHERS vs COMMISSIONER GENERAL ZIMBABWE REPUBLIC POLICE and OFFICER IN CHARGE NJUBE POLICE STATION and TONY TSHUMA and ELLIOT NCUBE
Ruled By: MAKONESE J

16 June 2015 and 3 June 2016 Procedural Law-viz urgent chamber application.Procedural Law-viz final orders re entitlement of a litigating party to written reasons for judgment.Procedural Law-viz ...

HB140-16 : ADELE FARQUHAR vs BANKNOTE ENTERPRISES (PVT) LTD t/a BANKABLE REAL ESTATE and RODWELL MBIRIMI and BETTY MBIRIMI
Ruled By: MATHONSI J

27 May 2016 and 9 June 2016 Company Law-viz liquidation re incompatibility of members iro section 206(g) of the Companies Act [Chapter 24:03].Company Law-viz winding up re ...

HB14-16 : DHERERAI MANYONI vs COMMISSIONER GENERAL OF POLICE and ASSISTANT COMMISSIONER GORA
Ruled By: MAKONESE J

16 November 2015 and 11 February 2016 Procedural Law-viz urgent chamber application re stay of execution.Procedural Law-viz urgent application re urgency iro Constitutional rights.Procedural Law-viz urgent chamber ...

HB14-12 : TRADEPASS MARKETING (PVT) LTD vs M. FILANINO MARKOU M AND NINE OTHERS
Ruled By: NDOU J

28 October 2011 & 26 January 2012 Procedural Law-viz professional ethics.Procedural Law-viz matter set down re postponement of matter iro finality to litigation.

HB14-11 : MAROWA NYAMANDE vs THE MINISTER OF HOME AFFAIRS and THE COMMISSIONER GENERAL ZRP and CHIEF SUPERINTENDENT NCUBE (N.O.) and
Ruled By: KAMOCHA J

21 January and 3 February 2011 Procedural Law-viz citation re party acting in an official capacity.Labour Law-viz public service iro police force.Procedural Law-viz civil review re ...

HB14-05 : SMART MALABA vs NOMATHEMBA FENNY MALABA
Ruled By: NDOU J

8 and 16 March 2004 and 3 March 2005 Procedural Law-viz default judgment re failure to appear for hearing.Procedural Law-viz default judgment re rescission of default judgment.Family Law-viz division ...

HB139-11 : ABEDNICO BHEBHE and NJABULISO MGUNI and NORMAN MPOFU vs THE CHAIRMAN OF ZIMBABWE ELECTORAL COMMISSION N.O. and ZIMBABWE ELECTORAL COMMISSION and PRESIDENT OF ZIMBABWE
Ruled By: NDOU J

28 January and 13 Ocotber 2011 Procedural Law-viz citation re party acting in an official capacity.Constitutional Law-viz Parliamentary affairs re vacancies in the membership of Parliament ...

HB139-10 : RODGER SIBANDA vs LOVESON GUMBO and THE MESSENGER OF COURT, BULAWAYO
Ruled By: MATHONSI J

15 October 2010 and 28 October 2010 Procedural Law-viz urgent chamber application re stay of execution.Agency Law-viz power of attorney.Law of Property-viz proof of title re immovable ...

HB137-16 : TETRACH ENTERPRISES (PVT) LTD vs IRVINE MANHIRE and TECHMATE ENGINEERING (PVT) LTD and MUNICIPALITY OF KWEKWE
Ruled By: MATHONSI J

27 May and 2 June 2016 Procedural Law-viz summary judgement.Procedural Law-viz rules of evidence re written documents iro signatures.Procedural Law-viz summary judgment.Procedural Law-viz rules of evidence ...

HB137-11 : VICTOR MUZENDA vs SHELTER MPOFU and ALBERT NKOMO and TOM MBEDZI and CASPER NCUBE
Ruled By: NDOU J

12, 16 and 29 September 2011 Procedural Law-viz urgent chamber application re urgency.Procedural Law-viz urgent application re urgency iro time urgency.Procedural Law-viz provisional order re protection ...

HB136-16 : ZAMBUKO APOSTOLIC CHURCH and ONISIMUS TAKAVADIYI vs EUNICE MLAUZI and CITY OF BULAWAYO
Ruled By: MATHONSI J

27 May 2016 and 2 June 2016 Procedural Law-viz final orders re confirmation of provisional order.Procedural Law-viz final orders re discharge of interim interdict.Canon Law-viz canonical disputes ...

HB136-10 : POTENTIAL INVESTMENTS and RALEMA INVESTMENTS and NERGER PROPERTIES vs JOSEPH TAYALI and TAYALI AND SONS and NERGER PROPERTIES and POTENTIAL INVESTMENTS and RALEMA INVESTMENTS
Ruled By: NDOU J

31 July 2009 and 4 November 2010 Procedural Law-viz consolidation of matters.Company Law-viz shareholding re corporate assets.Law of Contract-viz cession.Law of Property-viz proof of title re immovable ...

HB135-16 : KAS FOODS (PVT) LTD vs GLADYS MOYO and ACTING PROVINCIAL MINING DIRECTOR – MIDLANDS
Ruled By: MATHONSI J

26 May 2016 and 2 June 2016 Procedural Law-viz urgent chamber application.Procedural Law-viz rules of evidence re documentary evidence.Procedural Law-viz urgent application re urgency iro time to ...

HB134-15 : STANLEY NANZOMBE vs SICINGILE MASUKU (NEE MOYO) and THE SHERIFF OF ZIMBABWE and THE REGISTRAR OF DEEDS
Ruled By: MAKONESE J

23 June and 2 July 2015 Law of Contract-viz purchase and sale re nature of sale iro auction sale.Law of Property-viz passing of ownership re implied ...

HB134-11 : DAVISON MASINA vs KHALIL GAIBIE and SHABEIRA GAIBIE and DEPUTY SHERIFF (N.O.)
Ruled By: NDOU J

2 and 29 September 2011 Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz urgent chamber application re stay of execution.Procedural Law-viz final ...

HB133-11 : NEWMAN MAPFUNDE vs CHRISTOPHER MANGISI and MANGISI AND ASSOCIATES and BULAWAYO CITY COUNCIL and LOUSIA MANGISI
Ruled By: KAMOCHA J

9,10,11,15, 16 September 2008 and 29 September 2001 Procedural Law-viz urgent chamber application.Law of Property-viz judicial caveat.Procedural Law-viz citation re joinder.Law of Contract-viz specific performance re specific performance ...

HB131-11 : POTENTIAL INVESTMENTS (PVT) LTD and RALEMA INVESTMENTS (PVT) LTD vs JOSEPH TAYALI (in his personal capacity) and TAYALI AND SONS and NERGER PROPERTIES (PVT) LTD
Ruled By: NDOU J

30 May, 9 June and 22 September 2011 Procedural Law-viz urgent chamber application.Procedural Law-viz civil appeal re leave to execute pending appeal.Procedural Law-viz case authorities re Supreme Court ...

HB130-11 : THOMAS MUTAMBIRWA and 70 OTHERS vs ARJUN INVESTMENTS (PVT) LTD
Ruled By: NDOU J

12 and 22 September 2011 Procedural Law-viz urgent chamber application re stay of execution iro eviction.Law of Property-viz proof of title re immovable property iro ...

HB13-14 : LINET NCUBE (Nee KHUMALO) vs MADODANA NCUBE
Ruled By: MOYO J

20 January 2014 and 30 January 2014 Procedural Law-viz final orders re variation of final order iro Rule 449.Procedural Law-viz final orders re ex tempore judgment.Procedural Law-viz ...

HB13-13 : ZIMBABWE NATIONAL WATER AUTHORITY vs KADOMA MUNICIPALITY
Ruled By: NDOU J

26 October 2012 and 31 January 2013 Procedural Law-viz summary judgment.Water Law-viz billing per allocation.Water Law-viz billing per consumption.Law of Contract-viz consumer contracts.

HB13-12 : WAGLEY INVESTMENTS (PVT) LTD vs TADEU MUPANEMUNDA
Ruled By: NDOU J

28 July 2011 & 26 January 2012 Procedural Law-viz summary judgment.Procedural Law-viz summary judgment re conflict between affidavit and plea iro bona fide defence.Procedural Law-viz summary judgment ...

HB129-16 : FANELE MAQELE and ALDRIN NYABANDO and TENDAI WARAMBWA vs VICE CHANCELLOR, PROFESSOR N.M BHEBHE N.O. and MIDLANDS STATE UNIVERSITY
Ruled By: MATHONSI J

20 May 2016 and 27 May 2016 Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz urgent chamber application.Constitutional Law-viz Constitutional rights re the right ...

HB129-15 : LIZNET MPOFU vs ENOCK B. MPOFU
Ruled By: MAKONESE J

2 June and 25 June 2015 Procedural Law-viz summary judgment re eviction.Law of Property-viz proof of title re immovable property iro registered rights.Law of Property-viz ...

HB129-11 : (1) DAKTYL AUTOMATIVE PL HC234/08 and (2) MATABELELAND HAULIERS PL HC1388/08 vs MATABELELAND [HAULIERS] PL and DOWOOD SERVICES PL and DAVID LUWO and DAKTYL AUTOMATIVE PL
Ruled By: NDOU J

7 November 2008 and 15 September 2011 Procedural Law-viz consolidation of matters.Procedural Law-viz principle of finality to litigation re dismissal of a matter for want of prosecution.Procedural ...

HB129-10 : HERBERT VAN DEN BERG and CYNTHIA BESWICK vs FRANK LANG
Ruled By: MATHONSI J

19 October 2010 and 21 October 2010 Procedural Law-viz urgent chamber application.Procedural Law-viz rules of evidence re candidness with the court.Procedural Law-viz rules of evidence re being ...

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HB128-19 : 1893 MTHWAKAZI RESTORATION MOVEMENT TRUST and NOMALANGA DABENGWA vs TINASHE KAMBARAMI and CITY OF BULAWAYO and ZIMBABWE ELECTORAL COMMISSION and MOVEMENT FOR DEMOCRATIC CHANGE ALLIANCE
Ruled By: MABHIKWA J

15 July and 29 August 2019 Procedural Law-viz declaratory order re consequential relief.Procedural Law-viz declaratur re consequential relief.Electoral Law-viz electoral petitions re criminal record of candidates ...

HB128-16 : DEAN WYNGARD and JANINE WYNGARD vs CENTRAL AFRICA BUILDING SOCIETY t/a CABS and SHERIFF OF ZIMBABWE N.O.
Ruled By: MAKONESE J

20 and 26 May 2016 Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz judicial attachment re judicial sale in execution.Law of Contract-viz ...

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 ...

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