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Civil Cases

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 ...

HB127-11 : CHARLES KASTO vs CHENGETAI SITHOLE
Ruled By: NDOU J

4 January, 9 and 15 September 2011 Procedural Law-viz rescission of judgment re rescission of default judgment.Procedural Law-viz default judgment re Rule 57.Procedural Law-viz rules of court ...

HB127-09 : TAWANDA MARUFU vs MINISTER OF TRANSPORT, COMMUNICATIONS AND INFRASTRUCTURAL DEVELOPMENT and ZIMBABWE REVENUE AUTHORITY and CITY OF BULAWAYO
Ruled By: NDOU J

28 October, 20 November 2009 and 3 DECEMBER 2009 Procedural Law-viz interim interdict re consent paper.Procedural Law-viz provisional order re consent paper.Procedural Law-viz urgent chamber application re urgent chamber ...

HB126-16 : MOVEMENT FOR DEMOCRATIC CHANGE–T vs OFFICER COMMANDING BYO CENTRAL DISTRICT POLICE N.O. and THE COMMISSIONER GENERAL ZIMBABWE REPUBLIC POLICE N.O. and THE MINISTER OF HOME AFFAIRS N.O.
Ruled By: MAKONESE J

19 and 26 May 2016 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 ...

HB125-18 : THE SHERIFF OF ZIMBABWE - APPLICANT vs CORESOIL MINING PL (Represented by Kelvin Kaguru) - CLAIMANT and KUSAFUNGA KAGURU - JUDGMENT DEBTOR and ESTER MOYO (NEE KELLIE) - JUDGMENT CREDITOR
Ruled By: MAKONESE J

30 May and 7 June 2018 Procedural Law-viz judicial attachment re interpleader proceedings iro Rule 205 of the High Court Rules.Procedural Law-viz judicial attachment re inter-pleader ...

HB125-11 : PASTOR MOYO and REVEREND DWIGHT BALTZELL and REVERND DARREL LEE and THE APOSTOLIC FAITH MISSION OF PORTLAND OREGON vs REVEREND RICHARD SIBANDA and THE APOSTOLIC FAITH MISSION
Ruled By: MATHONSI J

9 September 2011 and 22 September 2011 Procedural Law-viz rules of evidence re documentary evidence.Procedural Law-viz automatic bar re failure to file opposition papers.Procedural Law-viz rescission of ...

HB125-10 : JORAM DUBE vs OFFICER COMMANDING DISTRICT, NKAYI and OFFICER IN CHARGE, NKAYI and COMMISSIONER GENERAL OF POLICE and CO-MINISTERS OF HOME AFFAIRS
Ruled By: MATHONSI J

14 October 2010 and 21 October 2010 Procedural Law-viz urgent chamber application.Constitutional Law-viz constitutional rights re criminal investigations iro arrest and detention.Procedural Law-viz final orders re confirmation ...

HB125-09 : VISION SITHOLE vs LESLIE KHUMALO and DEPUTY SHERIFF, BULAWAYO
Ruled By: CHEDA J

16 November 2009 and 17 December 2009 Procedural Law-viz stay of execution.Procedural Law-viz stay of execution re eviction.Procedural Law-viz recusal.Procedural Law-viz recusal re bias.

HB124-10 : ESTATE LATE ROSE DZIRUNI vs ENOCK DHLIWAYO
Ruled By: MATHONSI J

14 October 2010 and 21 October 2010 Law of Contract-viz specific performance re specific performance ex contractu.Procedural Law-viz principle of finalityto litigation re dismissal of a matter ...

HB124-09 : CITY OF BULAWAYO vs LILIAN KANDEMERI
Ruled By: NDOU J

30 September and 26 November 2009 Procedural Law-viz provisional order re confirmation of interim interdict.Procedural Law-viz interim interdict re confirmation of provisional order.Law of Property-viz proof ...

HB124-03 : EMMAH MUHAMBI vs STANLEY MUSENDO
Ruled By: CHEDA J

30 October and 20 November 2003 Procedural Law-viz urgent chamber application re custody dispute.Family Law-viz custody re minors iro customary law union.Family Law-viz custody re minors ...

HB123-17 : SERGEANT MAZUNGUNYE F048394B vs THE TRIAL OFFICER (SUPERINTENDENT MUTEMA) and COMMISSIONER GENERAL OF POLICE
Ruled By: MATHONSI J

22 May 2017 and 1 June 2017 Procedural Law-viz review re labour proceedings iro police force.Procedural Law-viz jurisdiction re domestic remedies.Procedural Law-viz jurisdiction re internal remedies.Procedural Law-viz ...

HB123-11 : BRIAN NYATHI and BRIDGET NYATHI vs SILIBAZISO NCUBE N.O. and ESTATE LATE SIPHIWE NYATHI and ESTATE LATE DERICK NYATHI and ASSISTANT MASTER OF THE HIGH COURT
Ruled By: MATHONSI J

6 September 2011 and 15 September 2011 Procedural Law-viz citation re party acting in an official capacity.Estate Law-viz rights of beneficaries re intestate succession iro surviving spouse.Procedural ...

HB123-10 : EDGAR HOWERA vs HERBERT MUDZINGWA and NAOMI MUDZINGWA and DEPUTY SHERIF, KWEKWE and DIRECTOR OF HOUSING, MBIZO, KWEKWE and THE REGISTRAR OF DEEDS, BULAWAYO
Ruled By: MATHONSI J

12 October 2010 and 21 October 2010 Procedural Law-viz final orders re principle of finality to litigation.Law of Property-viz proof of title re immovable property.Law of Property-viz ...

HB122-18 : JOSEPH MARSHAL STUART vs NATIONAL RAILWAYS OF ZIMBABWE
Ruled By: NDOU J

20 April and 31 May 2018 Procedural Law-viz affidavits re supplementary affidavits iro leave to re-open a case.Procedural Law-viz affidavits re additional evidence iro leave to ...

HB122-14 : GAMANGE (PVT) LTD vs SMELLY DUBE and LIMUKANI SIBANDA and MINISTER OF LANDS & RURAL RESETTLEMENT and OTHERS
Ruled By: TAKUVA J

30 May, 2 and 13 June 2014 Procedural Law-viz urgent application.Law of Property-viz proof of title re immovable property iro registered rights.Law of Property-viz subdivision of land.Procedural ...

HB122-11 : ESSIE NCUBE vs BRIAN NGWENYA and RHODAH NGWENYA
Ruled By: NDOU J and MATHONSI J

5 September 2011 and 15 September 2011 Procedural Law-viz civil appeal.Estate Law-viz division of estate property re rights of beneficiaries iro intestate succession.Estate Law-viz rights of beneficiaries ...

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