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Civil Cases

HB173-13 : NKOSINATHI SOLOMON ABU-BASUTU vs KHULUMANI MOYO
Ruled By: MAKONESE J

29 November and 12 December 2013 Procedural Law-viz default judgment.Procedural Law-viz automatic bar re failure to file opposing papers.Law of Delict-viz malicious prosecution.Law of Delict-viz malicious ...

HB173-11 : ENELESS MHLANGA vs MAGGIE MHLANGA
Ruled By: NDOU J and MATHONSI J

10 October 2011 and 10 November 2011 Procedural Law-viz civil appeal.Estate Law-viz rights of beneficiaries re intestate succession.Family Law-viz paternity.Administrative Law-viz the presumption of the validity of ...

HB172-16 : STANLEY MASUMBA vs COLLEN TSHAYANA and PROVINCIAL MINING DIRECTOR - MIDLANDS and MINISTER OF MINES AND MINING DEVELOPMENT N.O.
Ruled By: MATHONSI J

21 June and 23 June 2016 Procedural Law-viz urgent chamber application.Mining-viz boundary dispute.Procedural Law-viz rules of evidence re documentary evidence.Procedural Law-viz rules of evidence re documentary ...

HB172-13 : JUDICIAL SERVICE COMMISSION vs HLEZIPHI NDLOVU and NONKULULEKO MKHONTO and THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS
Ruled By: MOYO J

5 and 19 December 2013 Constitutional Law-viz referral of a matter to the Constitutional Court re section 175(4) of the Constitution of Zimbabwe.Procedural Law-viz recusal ...

HB170-11 : INTERFIN MERCHANT BANK OF ZIMBABWE LIMITED vs MERSPIN ZIMBABWE LIMITED and BERNARD CONSTRUCTION AND PROPERTY DEVELOPERS PL and COPPER TRADING PL and DELMA LUPEPE and GRACE LUPEPE
Ruled By: MATHONSI J

25 October 2011 and 3 November 2011 Procedural Law-viz summary judgment re debt.Law of Contract-viz debt re contractual debt.Banking Law-viz credit facility.Procedural Law-viz costs re contractual.Law of ...

HB17-16 : WINNIE MPOFU vs FLOPPA LEAH MLAVU a.k.a LEAH FLOPPHEL MLAVU and ESTER KELLI (N.O.) and THE ASSISTANT MASTER
Ruled By: MATHONSI J

21 January and 11 February 2016 Procedural Law-viz citation re party acting in an official capacity.Estate Law-viz rights of beneficiaries re intestate succession.Procedural Law-viz declaratory order.Procedural ...

HB17-14 : COLD STORAGE COMPANY LIMITED vs BEITBRIDGE RURAL DISTRICT COUNCIL
Ruled By: MUTEMA J

10 September 2013 and 30 January 2014 Law of Delict-viz negligence re economic loss.Law of Delict-viz negligence re pecuniary loss.Procedural Law-viz rules of evidence re evidence on ...

HB17-13 : SHADRECK MANDAZA vs JAMES NYAMAREBVU and NYASHA NYAMAREBVU and THE BRENDER TRUST and THE REGISTRAR OF DEEDS
Ruled By: NDOU J

30 March 2012 and 7 February 2013 Law of Contract-viz right of first refusal.Law of Contract-viz verbal contract.Law of Contract-viz oral agreement.Procedural Law-viz res judicata.Procedural Law-viz rules ...

HB17-12 : MATILDA NAKAI MATHE vs NYAMBE MATHE
Ruled By: NDOU J

25 August 2011 and 26 January 2012 Procedural Law-viz pleadings re unopposed proceedings iro Rule 272 of the High Court Rules.Procedural Law-viz cause of action re set ...

HB17-11 : JONATHAN M. GAPARE and TLP AGENCIES (PVT) LTD t/a ALPHA PROPERTIES DEVELOPERS vs FARAI MUSHIPE and THE DEPUTY SHERIFF, BULAWAYO
Ruled By: MATHONSI J

2 February 2011 and 10 February 2011 Procedural Law-viz urgent chamber application.Procedural Law-viz urgent application re stay of execution.Law of Property-viz judicial caveat.Procedural Law-viz cause of action ...

HB17-10 : NQOBANI SITHOLE vs SENIOR ASSISTANT COMMISSIONER – OFFICER COMMANDING POLICE – MAT. SOUTH PROVINCE – N. SIBANDA and COMMISSIONER GENERAL and THE MINISTER OF HOME AFFAIRS
Ruled By: NDOU J

4 January and 23 April 2010 Procedural Law-viz urgent chamber application iro interim interdict.Labour Law-viz employment contract re transfer of an employee.Labour Law-viz transfer of an ...

HB17-09 : JOHN KENNETH DALY vs DEAN VELDSMAN AND THREE OTHERS
Ruled By: NDOU J

12 February 2009 Law of Contract-viz specific performance re defence of exceptio non adimpleti contractus.Law of Contract-viz summary judgment re cause of action ...

HB169-16 : THE SHERIFF OF THE HIGH COURT OF ZIMBABWE vs DEVELOPMENT TRUST OF INSIZA and ZIMBABWE ASSOCIATION OF DAIRY FARMERS
Ruled By: TAKUVA J

22 February and 23 June 2016 Procedural Law-viz judicial attachment re interpleader proceedings iro Rule 205A of the High Court Rules.Procedural Law-viz rules of court re ...

HB169-13 : ABEL MUPATI and ROSEMARY MUPATI vs M.B.C.A. BANK LIMITED
Ruled By: MOYO J

5 December 2013 Procedural Law-viz stay of execution re Rule 348A.Procedural Law-viz rules of court re High Court Rules iro Rule 348A.Procedural Law-viz ...

HB169-11 : M.B.C.A. BANK LIMITED vs MERSPIN (PRIVATE) LIMITED and DELMA LUPEPE and GRACE LUPEPE and EDGE INVESTMENTS (PRIVATE) LIMITED
Ruled By: MATHONSI J

28 October 2011 and 3 November 2011 Law of Contract-viz debt re contractual debt.Law of Contract-viz debt re debt security iro immovable property.Procedural Law-viz declaratory order re ...

HB168-11 : NOKUTHULA MOYO vs NORMAN GWINDINGWI N.O. and DAIRIBOARD ZIMBABWE (PVT) LTD
Ruled By: MATHONSI J

25 October 2011 and 3 November 2011 Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz directives of the court re basis of granting a ...

HB167-11 : BERNARD NSINGO vs SONENI NSINGO
Ruled By: NDOU J and MATHONSI J

10 October and 3 November 2011 Procedural Law-viz civil appeal.Family Law-viz division of the assets of the spouses re direct contributions.Family Law-viz distribution of matrimonial assets ...

HB164-16 : ROSE MAPHOSA vs TEMBA MASEKO
Ruled By: MOYO J

21 March and 23 June 2016 Procedural Law-viz final orders re enforcement of judgments iro powers of enforcement officials.Procedural Law-viz declaratory order.Procedural Law-viz declaratur.Procedural Law-viz contempt ...

HB164-11 : TIEDZEI PHIRI vs RAPHAEL PHIRI and MR MAZURA and REGISTRAR OF DEEDS, BULAWAYO and DEPUTY SHERIFF
Ruled By: NDOU J

20 October and 3 November 2011 Law of Property-viz judicial caveat re res litigiosa.Procedural Law-viz final order re principle of finality to litigation iro setting down ...

HB162-16 : BULAWAYO CITY COUNCIL vs CHURCH YABABA JOHANE WEMASOWE
Ruled By: MATHONSI J

10 June 2016 and 16 June 2016 Procedural Law-viz summary judgment re contractual debt iro liquid document.Procedural Law-viz summary judgement re contractual debt iro acknowledgement of debt.Law ...

HB161-16 : SILIBAZISO MLOTSHWA vs DISTRICT ADMINISTRATOR, HWANGE N.O and SAUNDERS MLOTSHWA and MINISTER OF RURAL DEVELOPMENT, PRESERVATION & PROMOTION OF CULTURE N.O and PRESIDENT OF ZIMBABWE N.O
Ruled By: MATHONSI J

10 June and 16 June 2016 Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz declaratory order.Procedural Law-viz declaratur.Traditional Leadership-viz chieftainship re appointment of ...

HB160-16 : VICTORIA FALLS MUNICIPALITY vs S. C MUTARE N.O and DICKSON MUKOMBWE AND 16 OTHERS
Ruled By: MATHONSI J

10 June and 16 June 2016 Procedural Law-viz citation re party acting in an official capacity.Labour Law-viz labour arbitration re setting aside of an arbitral award.Procedural ...

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HB16-14 : CASPER TSVANGIRAI vs ZIMASCO (PVT) LTD and BAOBAB REAL ESTATE and THE REGISTRAR OF DEEDS, BULAWAYO
Ruled By: MUTEMA J

10 and 11 October 2013 and 30 January 2014 Law of Contract-viz purchase and sale re purchase price iro terms of payment.Law of Contract-viz essential elements re consensus ad ...

HB16-13 : IN RE: SENZENI MOYO vs x
Ruled By: CHEDA J and KAMOCHA J

25 January 2013 and 7 February 2013 Family Law-viz guardianship re minors.Procedural Law-viz rules of evidence re documentary evidence.

HB16-12 : BEKITHEMBA NYATHI AND TWO OTHERS vs THE OFFICER-IN-CHARGE (BULAWAYO CENTRAL POLICE STATION) AND TWO OTHERS
Ruled By: NDOU J

23 & 26 January 2012 Law of Property-viz spoliation re political material iro legal deprivation in respect of POSA.

HB16-11 : NATIONAL BLANKETS LIMITED vs ZIMBABWE TEXTILE WORKERS UNION
Ruled By: MATHONSI J

10 February 2011 and 10 February 2011 Procedural Law-viz default judgment re Rule 58.Procedural Law-viz rules of court re High Court Rules iro Rule 58.Procedural Law-viz High ...

HB16-10 : LOVEMORE SIBANDA vs SIBONGILE JINAH SIBANDA and THE CLERK OF MAINTENANCE COURT, TREDGOLD BUILDING
Ruled By: NDOU J

9 and 15 April 2010 Procedural Law-viz urgent chamber application re provisional order.Procedural Law-viz interim interdict re stay of execution.Procedural Law-viz urgent application re stay ...

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HB159-11 : HILDA SIBANDA vs TEEJAY SIBANDA
Ruled By: NDOU J

29 October 2010 and 27 October 2011 Family Law-viz custody re minors.Family Law-viz decree of divorce re irretrievable breakdown of the marriage relationship.Family Law-viz custody re minors ...

HB158-13 : KERRIES ENGINEERING (PVT) LTD vs MAKOMO RESOURCES (PVT) LTD
Ruled By: MAKONESE J

7 and 28 November 2013 Law of Contract-viz debt re contractual debt iro services rendered.Law of Contract-viz contract of hire.Law of Contract-viz contract of hire ...

HB158-11 : LOMATHEMBA SONGO N.O. and LOMATHEMBA SONGO vs SILINDA SONGO and HLANGOTHI MSIMANGA and MANDLENKOSI SONGO and CITY OF BULAWAYO and REGISTRAR OF DEEDS and DEPUTY SHERIFF
Ruled By: KAMOCHA J

20 and 27 October 2011 Estate Law-viz rights of beneficiaries re intestate succession.Law of Property-viz res litigiosa re judicial caveat.Procedural Law-viz dismissal of a matter ...

HB157-16 : NRZ CONTRIBUTORY PENSION FUND vs JOSRO ENTERPRISES (PVT) LTD t/a ASCOT PUB & GRILL
Ruled By: TAKUVA J

2 February and 16 June 2016 Procedural Law-viz summary judgment re eviction.Procedural Law-viz declaratory order.Procedural Law-viz declaratur.Procedural Law-viz rules of evidence re documentary evidence.Law of Property-viz ...

HB157-11 : HENRY MUGABE vs AUXILLIA CHIUMBURU N.O. and ATTORNEY GENERAL ZIMBABWE
Ruled By: NDOU J

14 and 20 Ocotber 2011 Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz civil review.Constitutional Law-viz referral of a matter to the ...

HB156-16 : LUCKSON MATEURE vs SAMUEL CHIDUMWA
Ruled By: MATHONSI J and MAKONESE J

30 May and 16 June 2016 Procedural Law-viz civil appeal.Procedural Law-viz jurisdiction re cause of action jurisdiction iro powers of the Magistrates Court to issue a ...

HB155-11 : (1) SABAWE MAZUVA HC1310/10 and (2) CHARLES SIMBI HC1349/10 vs (1) MINING COMMISSIONER,GWERU and OFFICER COMMANDING POLICE,MIDLANDS and MINISTER OF MINES and (2) SABAWE MAZUVA
Ruled By: MATHONSI J

12 and 20 October 2011 Mining-viz boundary dispute.Procedural Law-viz rescission of judgment re default judgment.Procedural Law-viz consolidation of matters.Procedural Law-viz rescission of judgment re default ...

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 ...

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