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Civil Cases

HB12-13 : RAILWAYS ASSOCIATION OF ENGINEMEN (RAE) vs NATIONAL RAILWAYS OF ZIMBABWE
Ruled By: NDOU J

14 September 2012 and 31 January 2013 Labour Law-viz labour arbitration re registration of arbitral award.Procedural Law-viz jurisdiction re concurrent jurisdiction iro judicial deference.

HB12-12 : KENNEDY GWAMURE vs DINGANI TSHUMA
Ruled By: NDOU J

14 September 2009, 26 Novemebr 2010 & 26 January 2012 Law of Contract-viz termination re communicating notice of cancellation to the other party.Law of Contract-viz termination re irregular notice of ...

HB12-11 : TRIANGLE LIMITED vs ZIMBABWE REVENUE AUTHORITY
Ruled By: NDOU J

14 December 2010 and 10 February 2011 Procedural Law-viz urgent chamber application.Procedural Law-viz declaratory order.Procedural Law-viz declaratur.Tax Law-viz garnishee order.Procedural Law-viz rules of evidence re admissions.Procedural Law-viz ...

HB12-10 : BETTY GASELA vs LEONARD MALINGA and BULAWAYO CITY COUNCIL and THE REGISTRAR OF DEEDS
Ruled By: KAMOCHA J

3 and 11 March 2010 Procedural Law-viz citation.Procedural Law-viz citation re party acting in an official capacity.Law of Contract-viz essential elements re condition precedent.Law of ...

HB12-09 : RAMONAH NDLOVU and ESTATE LATE CLEMENT NDLOVU vs SITHABISIWE NDLOVU and BULAWAYO CITY COUNCIL
Ruled By: CHEDA J

7 October 2008 and 29 January 2009 Procedural Law-viz rescission of judgment.Law of Contract-viz termination re notice to remedy a breach.Law of Contract-viz termination re notice of ...

HB119-14 : NKULULEKO MASUKU vs EMANUEL MUGADZA N.O. (HEARING OFFICER) and MBCA BANK LIMITED
Ruled By: MAKONESE J

21 July and 24 July 2014 Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz application for directions re Order 23.Procedural Law-viz rules of ...

HB119-11 : LEAHOLM ENTERPRISES (PVT) LTD vs ZIMBABWE REVENUE AUTHORITY
Ruled By: NDOU J

29 August, 5 and 8 September 2011 Procedural Law-viz urgent chamber application.Procedural Law-viz declaratory order.Procedural Law-viz declaratur.Administrative Law-viz decision of an administrative body re section 3 of ...

HB119-10 : NYARADZAI KAZUVA vs GILBERT DUBE
Ruled By: CHEDA J and MATHONSI J

4 October 2010 and 7 October 2010 Procedural Law-viz civil appeal.Family Law-viz division of the assets of the spouses re customary law union.Family Law-viz custody re minors ...

HB119-09 : CALLETA GWATIRINGA vs ANASTASIA MATAKE
Ruled By: CHEDA J

23 July 2009 and 26 November 2009 Family Law-viz adultery.Damages-viz adultery damages.Procedural Law-viz default judgment.Procedural Law-viz default judgment re failure to enter an appearance to defend.Family Law-viz ...

HB118-16 : ABEL MKHWANANZI vs TIRIVAVI TOTAMIREPI and MINISTRY OF SOCIAL WELFARE
Ruled By: MAKONESE J

19 May 2016 Law of Delict-viz negligence re vicarious liability.Procedural Law-viz rules of evidence re documentary evidence.Damages-viz delictual damages re bodily injury iro ...

HB118-11 : FANI MULEYA vs ROSINA MULEYA
Ruled By: NDOU J and MATHONSI J

5 September 2011 and 15 September 2011 Procedural Law-viz civil appeal.Family Law-viz division of the assets of the spouses re customary law union.Procedural Law-viz form of proceedings ...

HB118-10 : CHRISTMAS GIFT (PVT) LTD vs JAMES MAFOHLA and LIKOBA MAKASENGA a.k.a. RACOBA MAKASHINGA and HARUBVI MBEDZI and OTHERS
Ruled By: KAMOCHA J

4 and 7 October 2010 Procedural Law-viz urgent chamber application.Procedural Law-viz default judgment.Procedural Law-viz proof of service re service of court process iro address for ...

HB117-16 : BENNY HLATSHWAYO & 14 OTHERS vs GEOZING PAWNBROKERS (PVT) LTD and PHILIP NDLOVU N.O. and MATSHOBANA NCUBE N.O. and THE ASSISTANT MASTER OF THE HIGH COURT
Ruled By: TAKUVA J

26 February and 12 May 2016 Procedural Law-viz citation re party acting in an official capacity.Insolvency Law-viz judicial management re confirmation of provisional judicial management iro ...

HB116-09 : EDWARD MANGENA and MALAKI MPOFU vs NINNO FILANNINO and FIVE OTHERS
Ruled By: NDOU J

6 July and 5 November 2009 Procedural Law-viz declaratory order.Law of Property-viz spoliation re land acquisition.Law of Property-viz mandament van spolie re land acquisition.Land Acquisition-viz spoliation ...

HB115-14 : NICOLE MPOFU vs NHLABATHI N.O. (In his capacity and the Executor dative of the Estate late Hedwick Mpofu) and ADMIRE MPOFU and OTHERS
Ruled By: MAKONESE J

15 May and 17 July 2014 Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz condonation re late filing of review application.Procedural Law-viz review ...

HB115-10 : GORDON TUNDURE vs NKOSIKHONA NCUBE and D. MOYO
Ruled By: KAMOCHA J

29 September 2010 Procedural Law-viz exception.Procedural Law-viz special plea.Procedural Law-viz prescription.Procedural Law-viz prescription re judicial interruption iro service of summons.Procedural Law-viz prescription re ...

HB115-09 : TASMINE ENTERPRISES P/L vs ZIMBABWE REVENUE AUTHORITY
Ruled By: NDOU J

7 September and 5 November 2009 Procedural Law-viz interim interdict.Procedural Law-viz provisional order.Tax Law-viz Notice of Embargo re customs duty.Tax Law-viz Notice of Embargo re Customs ...

Appealed
HB114-16 : J.C. CONOLLY AND SONS (PVT) LTD vs R. C. NDHLUKULA and THE MINISTER OF LANDS AND RURAL RESETTLEMENT
Ruled By: MUSAKWA J

29 January and 28 April 2016 Procedural Law-viz final orders re confirmation of a provisional order.Procedural Law-viz final orders re discharge of an interim interdict.Land Acquisition-viz ...

HB114-14 : VIRIMAYI NYAMWIWA and ZEBRA MINING SYNDICATE vs GAMESTAR TRADING (PVT) LTD and MUSHLY INVESTMENTS and DEPUTY SHERIFF N.O and MINING COMMISSIONER
Ruled By: MAKONESE J

20 June 2014 and 17 July 2014 Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz judicial sale in execution.Procedural Law-viz rules of evidence re ...

HB114-10 : MARIA SINGO (Executive Dative of the Estate Late Phillimon Singo) vs ROSE SITHOLE (as the executrix dative of the estate late Ernest Phillip Sithole) and OTHERS
Ruled By: MATHONSI J

28 September 2010 and 30 September 2010 Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz pleadings re amendment to pleadings.Procedural Law-viz prescription.Law of Contract-viz ...

HB114-09 : DENNY NDABEZINHLE MASHENGELE vs JAMES NCUBE
Ruled By: NDOU J

23 October and 5 November 2009 Procedural Law-viz provisional order.Procedural Law-viz interim interdict.Procedural Law-viz declaratory order.Procedural Law-viz declaratory order re illegal retention of goods.Law of Delict-viz ...

HB113-10 : IN RE: SIMBARASHE CHIVAURA vs x
Ruled By: CHEDA J

20 July 2010 and 7 October 2010 Legal Practitioners-viz professional ethics re misconduct.Legal Practitioners-viz professional ethics re misconduct iro conduct in court.Legal Practitioners-viz pro deo assignments.Procedural Law-viz ...

HB113-09 : MADUMELANA IMPORT AND EXPORT (PVT) LTD vs WATSON MPOFU
Ruled By: NDOU J

19 June and 5 November 2009 Procedural Law-viz interim interdict.Procedural Law-viz provisional order.Law of Property-viz vindicatory action.Law of Property-viz rei vindicatio.Procedural Law-viz founding affidavit re authority ...

HB112-16 : ZIMBABWE REVENUE AUTHORITY vs SIKHANYISIWE MPOFU and CHRISTIAN NDLOVU and T. TASHAYA N.O.
Ruled By: MATHONSI J

15 and 21 April 2016 Procedural Law-viz urgent chamber application re stay of execution.Procedural Law-viz service of court proceedings re proof of service iro the ...

HB112-14 : KEMBO MOHADI and OTHERS vs BARBRA LUNGA (in her capacity as the Provisional Liquidator of NERRY INVESTMENTS (PVT) LTD) and CBZ BANK
Ruled By: TAKUVA J

27 March and 24 July 2014 Procedural Law-viz condonation re late filing of opposing papers.Procedural Law-viz urgent chamber application re ex parte iro Rule 242(2)(c).Procedural Law-viz ...

HB111-16 : KURONDA SAFARIS (PVT) LTD vs AMANDA WATSON and THE SHERIFF OF ZIMBABWE
Ruled By: MATHONSI J

15 April 2016 Procedural Law-viz urgent chamber application.Procedural Law-viz provisional order re interim relief overriding an extant court order.Procedural Law-viz interim interdict re ...

HB111-11 : CHRISTOPHER MOYO vs OBERT CHINHAMO
Ruled By: MATHONSI J

18 August 2011 and 25 August 2011 Law of Property-viz passing of ownership re subdivided land iro the Regional Town and Country Planning Act [Chapter 29:12].Law of ...

HB110-16 : FELIX SANGU vs COMMISSIONER GENERAL OF POLICE and THE BOARD OF SUITABILITY and CHIEF SUPERINTENDENT MBENGWA
Ruled By: MATHONSI J

14 April and 21 April 2016 Procedural Law-viz urgent chamber application re stay of execution.Labour Law-viz public service re police force.Procedural Law-viz provisional order re interim ...

HB110-11 : JOHN PERCIVAL BAWDEN vs THULANI NDEBELE and SIKHUMBUZO MPOFU
Ruled By: CHEDA J

28 July 2011 and 15 September 2011 Procedural Law-viz declaratory order.Procedural Law-viz declaratur.Law of Property-viz spoliation order.Law of Property-viz mandament van spolie.Procedural Law-viz founding affidavit re deponent ...

HB110-10 : HIGHLANDERS FC vs DYNAMOS FC and PREMIER SOCCER LEAGUE and BANC ABC (PRVIATE) LIMITED and CUTHBERT CHITIMA and DON MOYO, Chairman, Ad Hoc Arbitrators Committee and KENNEDY NDEBELE, PSL, C.E.O
Ruled By: NDOU J

17, 21 and 23 September 2010 Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz urgent chamber application.Procedural Law-viz urgent chamber application re provisional ...

HB110-09 : EDGARS STORE LIMITED vs RAMSON (PVT) LTD and BHIMJI INVESTMENTS (PVT)LTD and THE MESSENGER OF COURT, HARARE
Ruled By: NDOU J

19 and 23 October and 5 November 2009 Procedural Law-viz provisional order re urgent chamber application.Procedural Law-viz urgent chamber application re interim interdict.Procedural Law-viz urgent chamber application re ...

HB11-15 : CHARITY GONYORA (In her application for the guardianship of Clifford Mayizoni Mwale ) vs X
Ruled By: MUTEMA J

29 January 2015 Procedural Law-viz review.Family Law-viz guardianship re minors.Procedural Law-viz rules of evidence re onus iro burden of proof.Procedural Law-viz rules of ...

HB11-13 : ROBERT F. BADDELEY vs LAWRENCE CLEMINSON
Ruled By: NDOU J

25 October 2012 and 24 January 2013 Procedural Law-viz contempt of court re civil imprisonment.Procedural Law-viz final orders re writ of execution iro nulla bona return.Procedural Law-viz ...

HB11-10 : GORDON SPENCER and GARY BROWN vs THE MINISTER OF LANDS, LAND RESETTLEMENT AND RESETTLEMENT and THE CHIEF LANDS OFFICER, BULILIMA and MS R. BHEBHE
Ruled By: KAMOCHA J

25 January and 3 and 25 February 2010 Procedural Law-viz urgent chamber application.Land Acquisition-viz compulsory acquisition re farmland.Land Acquisition-viz compulsory acquisition re farmland iro section 16B(2)(a)(ii) of the ...

HB11-09 : CATHERINE NDLOVU and ESTATE LATE MELODY MABHENA Duly represented by CATHERINE NDLOVU N.O. As Executrix Dative vs MALUNJWA NKOMO and REGISTRAR OF DEEDS N.O.
Ruled By: CHEDA J

30 November 2007 and 29 January 2009 Procedural Law-viz final order re variation of order.Procedural Law-viz final order re setting aside of final order.Procedural Law-viz final order ...

HB109-16 : EDSON MUDZINGWA vs SUSAN CHITANDO MAPANZURE and REGISTRAR OF DEEDS (HARARE) N.O.
Ruled By: MATHONSI J

13 April and 14 April 2016 Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz urgent chamber application re interim interdict pendente lite.Law of ...

HB108-16 : NELSON MANGENA vs EDGARS STORES LIMITED and MESSENGER OF COURT, HWANGE
Ruled By: MATHONSI J

13 April and 14 April 2016 Procedural Law-viz urgent chamber application.Law of Property-viz spoliation order re eviction iro lease agreement.Law of Property-viz mandament van spolie re ...

HB108-14 : ELIPHAS KAWA vs VICTOR MUZENDA and THE ASSISTANT MASTER OF THE HIGH COURT and THE REGISTRAR OF DEEDS and VICTOR MUZENDA N.O. and ZEXCOM (PVT) LTD
Ruled By: TAKUVA J

6 May and 17 July 2014 Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz urgent chamber application re leave to execute pending appeal.Procedural ...

HB107-16 : MUNETSI BLESSING MASEDEWE vs MANYARA MASEDEWE
Ruled By: BERE J

2 February and 8 April 2016 Procedural Law-viz urgent chamber application re stay of execution.Procedural Law-viz provisional order re interim interdict pendente lite.Family Law-viz maintenance re ...

HB107-14 : SITHEMBINKOSI DUBE vs SIMANGELE DUBE and RING DUBE and THE ASSISTANT MASTER N.O.
Ruled By: MOYO J

4 June and 10 June 2014 Estate Law-viz rights of beneficiaries re testate succession iro validity of a Will.Procedural Law-viz disputes of fact re material dispute ...

HB107-11 : JOYLEN INVESTMENTS (PVT) L TD vs SNAPPY SPORTS BAR and INNOCENT WINSTON BABBAGE
Ruled By: CHEDA J

24 June 2011 and 15 September 2011 Procedural Law-viz special plea.Procedural Law-viz special plea re exception.Law of Contract-viz debt re debt security iro surety.Law of Contract-viz debt ...

HB107-09 : HONOURED NCUBE vs MILTON NCUBE and ELIZABETH NCUBE
Ruled By: NDOU J

30 September and 29 October 2009 Procedural Law-viz provisional order re application for dismissal iro want of prosecution.Procedural Law-viz interim interdict re application for dismissal iro ...

HB106-16 : RAPHAEL MASUKU and SICINGILE MASUKU vs SHERIFF OF ZIMBABWE and THERESA BELL and STANLEY NAZOMBE
Ruled By: TAKUVA J

22 February and 14 March 2016 Procedural Law-viz condonation.Procedural Law-viz judicial sale in execution re Rule 356.Law of Contract-viz barter trading.Procedural Law-viz rules of court re ...

HB106-14 : MIRIRAI SHUMBA vs MINISTER OF JUSTICE AND LEGAL AFFAIRS and THE DIRECTOR OF PUBLIC PROSECUTIONS and THE ATTORNEY GENERAL'S OFFICE CIVIL DIVISION
Ruled By: MOYO J

4 June and 10 June 2014 Labour Law-viz transfer of an employee.Administrative Law-viz administrative decision re section 3 of the Administrative Justice Act [Chapter 10:28].Procedural Law-viz ...

HB106-11 : QALISANI (PRIVATE) LIMITED vs ZIMBABWE REVENUE AUTHORITY and M MADONGORERE N.O.
Ruled By: MATHONSI J

27 July 2011 and 4 August 2011 Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz urgent chamber application.Procedural Law-viz rules of evidence re documentary ...

HB106-10 : THWASILE NGWENYA vs MHLUPHEKI HLABANGANA and MESSENGER OF COURT
Ruled By: MATHONSI J

8 September 2010 and 23 September 2010 Law of Property-viz proof of title re lease to buy agreement.Procedural Law-viz rules of evidence re uncahllenged averments.Procedural Law-viz rules ...

HB106-09 : CHURCHVILLE TRADING vs BEVERLY BUILDING SOCIETY
Ruled By: KAMOCHA J

4 and 5 May and 5 November 2009 Procedural Law-viz rules of evidence re evidence on behalf of a corporate entity iro institutional memory.Procedural Law-viz rules of evidence ...

HB105-16 : MAXWELL SIBANDA vs GAVIN HAYLER and HAROLD HAYLER and MARGARET MEEK and AUDREY BENEDICT and REGISTRAR OF DEEDS N.O. and BULAWAYO CITY COUNCIL
Ruled By: TAKUVA J

22 January and 14 April 2016 Procedural Law-viz citation re party acting in an official capacity.Law of Contract-viz specific performance re specific performance ex contractu.Procedural Law-viz ...

HB105-14 : MARIA MANOLAKAKIS vs ESTATE LATE DR. JOHN MANOLAKAKIS and ESTATE LATE EVANGELIA PATRINOS and IOANNIS IOANNIDIS and CONSTANDINOS PATRINOS and ROBERT BOWES and DEPUTY MASTER
Ruled By: MAKONESE J

31 June 2012 and 10 July 2014 Estate Law-viz rights of beneficiaries re testate succession iro validity of a Will.Procedural Law-viz citation re substitution of a party ...

HB105-10 : NKOSANA NCUBE vs BUTHOLEZWE MOYO
Ruled By: MATHONSI J

8 September and 9 September 2010 Procedural Law-viz rules of evidence re admissions iro admission by implication.Procedural Law-viz consent to judgment.Procedural Law-viz pleadings re amendment to ...

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