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Civil Cases

HB21-14 : JONA NDALAMA vs COMMISSIONER GENERAL OF POLICE and CHIEF SUPERINTENDENT SIGAUKE and CO-MINISTER OF HOME AFFAIRS
Ruled By: MOYO J

1 November 2013 and 6 February 2014 Procedural Law-viz condonation re late noting of an appeal.Procedural Law-viz automatic bar re failure to file heads of argument.Procedural Law-viz ...

HB201-11 : CABAT TRADE & FINANCE (PTY) LTD and SECURITY MILLS (PTY) LTD vs THE MOVEMENT FOR DEMOCRATIC CHANGE (MDC-T)
Ruled By: KAMOCHA J

12 October 2010 and 5 January 2012 Law of Contract-viz debt re contractual debt iro supply of goods.Law of Contract-viz debt re unjust enrichment.Law of Contract-viz oral ...

HB20-16 : JOHN MASEKO vs NOMUSA NDLOVU
Ruled By: MATHONSI J

4 February and 11 February 2016 Procedural Law-viz provisional sentence re Rule 20.Procedural Law-viz jurisdiction re monetary jurisdiction.Procedural Law-viz jurisdiction re cause of action jurisdiction.Law of ...

HB20-14 : VELD CLIFF ENGINEERING (PVT) LTD T/A FIREMATIC CONSULTING ENGINEERS (represented by WATSON MURUVIWA) vs FIREMATIC CONSULTING ENGINEERS (PVT) LTD and VENSON GAMBIZA and NOMTHANDAZO NGWENYA
Ruled By: MOYO J

1 November 2013 and 6 February 2014 Company Law-viz company name protection.Company Law-viz corporate trading name protection.Procedural Law-viz rules of evidence re documentary evidence.Procedural Law-viz urgent chamber ...

HB20-13 : FORT ENTERPRISES (PVT) LTD vs NOMALANGA SIBANDA
Ruled By: NDOU J

1 November 2011 and 7 February 2013 Law of Property-viz lease agreement re termination iro notice of cancellation.Law of Property-viz agreement of lease re cancellation iro notice ...

HB20-09 : KIZITO MUTSURE vs ICHABOD MURINGISI
Ruled By: NDOU J

12 February 2009 Estate Law-viz alienation of estate property re approval of Master.Estate Law-viz executor re alienation iro non authorisation by Master iro ...

HB198-11 : N & R AGENCIES (PVT) LTD and MARK ANDROLIAKOS vs THABANI NDLOVU and MACLEAN BHALA
Ruled By: MATHONSI J

13 and 15 December 2011 Procedural Law-viz urgent chamber application.Procedural Law-viz stay of execution re judicial eviction.Procedural Law-viz urgent application re stay of execution iro ...

HB197-11 : SUSAN ZOWA (NEE CHIDEME) vs JAMESON ZOWA
Ruled By: NDOU J

5 July and 15 December 2011 Procedural Law-viz rescission of judgment re rescission of default judgment.Family Law-viz division of the assets of the spouses re direct ...

HB196-11 : MOVEMENT FOR DEMOCRATIC CHANGE and PRISCILA MISIHAIRAMBWI-MUSHONGA vs PROFESSOR ARTHUR MUTAMBARA
Ruled By: KAMOCHA J

16 November and 15 December 2011 Procedural Law-viz affidavits re founding affidavit iro deponent.Procedural Law-viz founding affidavit re deponent iro authority to institute legal proceedings.Procedural Law-viz ...

HB195-11 : PRISCILLA MEDA vs HOMELINK (PVT) LTD and DEPUTY SHERIFF
Ruled By: NDOU J

30 September and 15 December 2011 Procedural Law-viz judicial attachment re dwelling of execution debtor.Procedural Law-viz judicial sale in execution re dwelling of execution debtor iro ...

HB194-11 : ZIMBABWE TEXTILE WORKERS UNION vs MERLIN (PRIVATE) LIMITED t/a MERSPIN and ASSISTANT MASTER OF THE HIGH COURT OF ZIMBABWE
Ruled By: MATHONSI J

21 November 2011 and 8 December 2011 Procedural Law-viz affidavits re further affidavits iro leave of court to file additional affidavits.Procedural Law-viz affidavits re supplementary affidavits iro ...

HB191-11 : BENJAMIN SIBINDI vs NKOSILATHI MXOTSHWA and SAZINI MXOTSHWA and MNCEDISI MXOTSHWA and PHATHISANI MXOTSHWA and THABO MXOTSHWA and CITY OF BULAWAYO
Ruled By: KAMOCHA J

30 November and 1 December 2011 Law of Contract-viz verbal agreement.Law of Contract-viz oral contract.Law of Contract-viz specific performance re specific performance ex contractu.Procedural Law-viz cause ...

HB190-11 : KALAYI NJINI vs BERTHILDE JULIET NJINI and SOLWAYO NGWENYA and BULAWAYO CITY COUNCIL
Ruled By: CHEDA J

24 November 2011 and 1 December 2011 Procedural Law-viz urgent chamber application.Local Authorities-viz development of a Stand re commercial purposes iro right of neighbours to be heard.Local ...

HB19-12 : WILD GOOSE SAFARIS (PVT) LTD vs SIPHO MPOFU AND TWO OTHERS
Ruled By: NDOU J

9 September 2011 & 2 February 2012 Land Acquisition-viz spoliation re holder of offer letter iro rights of occupation.

HB19-11 : LERATO NYANDORO vs NEWTON T. NYANDORO
Ruled By: NDOU J

28 January and 10 February 2011 Family Law-viz decree of divorce re civil marriage.Family Law-viz decree of divorce re civil marriage re irretrievable breakdown of the ...

HB189-18 : CLAUDIUS MANAMELA and BRIGHTON NANGA and SIBONGILE MANAMELA vs ROSEWELL ZULU and APOSTOLIC FAITH MISSION OF AFRICA INTL and CLEMENT NYATHI and APOSTOLIC FAITH MISSION OF AFRICA
Ruled By: MABHIKWA J

18 July 2018 Procedural Law-viz declaratory order.Procedural Law-viz declaratur.Canon Law-viz ecclesiastical disputes re leadership wrangles.Procedural Law-viz pleadings re withdrawal of claim iro removal ...

HB189-11 : N & R AGENCIES (PVT) LTD HC3062/09 and HC483/10 vs MINISTER OF LANDS & RURAL RESETTLEMENT and SENIOR LANDS OFFICER, PLUMTREE and MR T. NDLOVU and MR S. BHALA and OSCAR TSHUMA
Ruled By: NDOU J

28 January and 1 December 2011 Law of Property-viz spoliation order.Law of Property-viz mandament van spolie.Procedural Law-viz cause of action.Procedural Law-viz interim interdict re provisional relief ...

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HB188-22 : BATANDI MPOFU N.O. vs FELIX DZUMBUNU and CHIKOTI DORO and ASSISTANT MASTER OF THE HIGH COURT OF ZIMBABWE
Ruled By: DUBE-BANDA J

20 June 2022 and 14 July 2022 Procedural Law-viz citation re party acting in an official capacity iro nominus officiae.Procedural Law-viz citation re party acting in an ...

HB187-11 : MOVEMENT FOR DEMOCRATIC CHANGE vs FRACISCO NYONI and DEPUTY SHERIFF
Ruled By: NDOU J

18 and 24 March and 1 December 2011 Procedural Law-viz final orders re fait accompli.Labour Law-viz labour arbitration re registration of arbitral award iro section 98(14) of the ...

HB186-11 : RONALD MACHACHA vs ZIMBABWE REVENUE AUTHORITY
Ruled By: NDOU J

20 July and 1 December 2011 Tax Law-viz smuggling re forfeiture.Tax Law-viz smuggling re seizure.Procedural Law-viz proceedings against the State re section 196(1) of the Customs ...

HB184-15 : JOSEPH MARSHAL STUART vs NATIONAL RAILWAYS OF ZIMBABWE
Ruled By: NDOU J

22 April and 24 September 2015 Procedural Law-viz absolution from the instance re Rule 437 of the High Court Rules.Damages-viz the principle of currency nominalism re ...

HB180-11 : MORROS DLAMINI and MAY MAHLANGU vs LEAH MPANDE and NATHANIEL SIBANDA and DEPUTY SHERIFF
Ruled By: NDOU J

20 November 2009 and 24 November 2011 Procedural Law-viz stay of execution.Procedural Law-viz service of court process re proof of service.Law of Contract-viz Deed of Settlement re ...

HB18-15 : JULIET NHLIZIYO (N.O.) and ESTATE LATE HAROLD NHLIZIYO vs NOKUTHULA MOYO and ESTER KELLI (N.O.) and ESTATE LATE PREECE NHLIZIYO and ASSISTANT MASTER (N.O.) and CITY OF BULAWAYO
Ruled By: MAKONESE J

22-23 January and 5 February 2015 Procedural Law-viz citation re party acting in an official capacity iro nominee officii.Procedural Law-viz citation re party acting in an ...

HB18-13 : MABEKA NDLOVU vs PHAKAMILE NDLOVU and BULAWAYO CITY COUNCIL
Ruled By: NDOU J

14 and 15 June 2012 and 7 February 2013 Procedural Law-viz declaratory order.Procedural Law-viz declaratur.Law of Property-viz proof of title re immovable property iro registered rights.Procedural Law-viz special plea ...

HB18-12 : ALECS HWEKWETE and JUDY HWEKWETE vs RENAISSANCE MERCHANT BANK LTD
Ruled By: NDOU J

25 and 26 January 2012 Procedural Law-viz urgent chamber application re stay of execution.Procedural Law-viz urgent application re interim interdict pendente lite.Procedural Law-viz judicial sale ...

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HB179-18 : YUSUF GAIBIE and MAHMOUD GAIBIE vs ALEXANDER CASTANHEIRA and RACHEL CASTANHEIRA
Ruled By: MAKONESE J

6 June and 5 July 2018 Procedural Law-viz absolution from the instance.Law of Contract-viz purchase and sale re purchase price iro payment terms.Law of Contract-viz variation ...

HB179-13 : PHILEMON N. MABUZA vs CHARLES NYATHI
Ruled By: MUTEMA J

12 and 13 September and 19 December 2013 Law of Property-viz lease agreement re termination.Law of Property-viz agreement of lease re cancellation.Law of Property-viz proof of title re ...

HB179-11 : SAMUEL KUFANDADA vs SUPERINTENDANT PILATE MOYO and CHIEF SUPERINTANDANT MATANGE and SUPERITENDANT MOYO and SUPERINTENDANT ZULU and COMMISSIONER GENERAL POLICE
Ruled By: KAMOCHA J

17 and 24 November 2011 Procedural Law-viz civil review.Procedural Law-viz civil review re procedural irregularities iro the audi alteram partem rule.Procedural Law-viz recusal re institutional ...

HB177-13 : LUKAS MUNYIKA AND 66 OTHERS vs ZIMBABWE UNITED PASSENGER COMPANY LTD
Ruled By: KAMOCHA J

30 September and 12 December 2013 Procedural Law-viz chamber application.Labour Law-viz labour arbitration re registration of arbitral award.Labour Law-viz arbitration re registration of arbitral award iro ...

HB173-16 : SWEET SWEET vs JONATHAN NKANYENZI and BOY DUBE and DOUGLAS NDLOVU and MOFFAT NDLOVU and NTANDO DUBE and PATRICK TSHUMA
Ruled By: MATHONSI J

21 June and 23 June 2016 Land Acquisition-viz lawful authority to occupy gazetted land re offer letter.Law of Property-viz spoliation order.Law of Property-viz mandament van spolie.Procedural ...

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 ...

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