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Civil Cases

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 ...

HB104-14 : MICHEAL HANYANI vs TAPERA BAULINE and CLINGWRAP INVESTMENTS (PVT) LTD t/a UNTU FINANCE and REGISTRAR OF DEEDS N.O. and D.T. MATIPANO N.O. as Deputy Sheriff, Harare
Ruled By: KAMOCHA J

14 May and 10 July 2014 Procedural Law-viz citation re party acting in an official capacity.Law of Contract-viz debt re judgment debt.Procedural Law-viz final order re ...

HB104-10 : THENJIWE NDLOVU vs VISION SITHOLE and CITY OF BULWAYO and REGISTRAR OF DEEDS
Ruled By: MATHONSI J

8 September and 9 September 2010 Law of Contract-viz specific performance re specific performance ex contractu.Procedural Law-viz form of procedure re court record iro auhtentically filed ...

HB103-16 : DANIEL SIBANDA vs RAY C. NDHLUKULA and THE MINISTER OF LANDS AND RURAL RESETTLEMENT
Ruled By: MOYO J

16 February and 21 April 2016 Procedural Law-viz citation re class action proceedings iro section 85(1)(c) of the Constitution.Procedural Law-viz citation re class action proceedings iro ...

HB103-14 : MANDLA KHANYE & OTHERS and SHAME MUTUNGURA and LIVER MDLONGWA vs INGWEBU BREWERIES
Ruled By: KAMOCHA J

25 June and 10 July 2014 Labour Law-viz labour arbitration re registration of arbitral award iro section 98(14) of the Labour Act [Chapter 28:01].Procedural Law-viz jurisdiction ...

HB103-11 : ROBERT BOWES and ESTATE LATE DR. JOHN MANOLAKAKIS and ESTATE LATE EVANGELINA PATRINOS and IONNIS IOANNIDIS and CONSTINDINOS PARTINOS and DEPUTY MASTER, HIGH COURT, BYO vs MARIA MANOLAKAKIS
Ruled By: MATHONSI J

21 July 2011 Procedural Law-viz civil proceedings instituted by peregrini.Procedural Law-viz civil proceedings instituted against peregrine.Procedural Law-viz civil proceedings instituted against peregrinus.Procedural Law-viz ...

HB103-10 : GERALD MPOFU and SIMILO CHIRADZA vs QHAKAZA INVESTMENTS (PVT) LTD T/A THE BABY SHOP and THE DEPUTY SHERIFF
Ruled By: CHEDA J

6 September 2010 and 9 September 2010 Procedural Law-viz urgent chamber application.Procedural Law-viz urgent application re stay of execution iro judicial eviction.Procedural Law-viz founding affidavit re deponent ...

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HB102-17 : TURFWALL MINING (PVT) LTD t/a BEENSET INVESTMENTS vs SIPHIWE DUBE and OTHERS
Ruled By: TAKUVA J

15 February and 27 April 2017 Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz urgent chamber application.Mining-viz mining claims.Law of Property-viz proof of ...

HB102-11 : MIRIRAI MUHUSHWA vs LILIOSA STELLA MUHUSHWA
Ruled By: KAMOCHA J

2 and 3 September 2009 and 21 July 2011 Family Law-viz decree of divorce re civil marriage iro irretrievable breakdown of the marriage.Family Law-viz division of the assets of ...

HB102-09 : ERMANUS GERHADUS GROVE vs MARTIN MAKONESE and MRS MARWISA and MR CHIGARIRO
Ruled By: KAMOCHA J

26 June and 15 October 2009 Procedural Law-viz provisional order.Procedural Law-viz interim interdict.Land Acquisition-viz compulsory acquisition re advertisement for acquisition.Land Acquisition-viz subdivision of acquired property re ...

HB101-16 : TAKESURE MUVENGWA vs CHIEF SUPERINTENDENT ZULU and SUPERINTENDENT CHIRIGA
Ruled By: MATHONSI J

29 and 31 March 2016 Procedural Law-viz urgent chamber application re stay of execution.Labour Law-viz employment contract re public service iro police force.Procedural Law-viz provisional ...

HB101-11 : REJOICE SIBANDA vs ESTATE LATE C KARPUL
Ruled By: MATHONSI J

12 July 2011 and 14 July 2011 Procedural Law-viz default judgment re failure to attend pre-trial conference.Procedural Law-viz pleadings re striking out of defence iro failure to ...

HB101-10 : MISHECK VELLAH vs JEALOUS MOYO (alias) MUSHONA and MIKA MOYO
Ruled By: NDOU J

29 July and 9 September 2010 Procedural Law-viz default judgment.Procedural Law-viz rules of evidence re expert evidence iro medical report.Delict Law-viz contumelia.Procedural Law-viz pleadings re amendment ...

HB100-18 : ERASMUS DUBE vs ZIMBABWE ELECTRICITY TRANSMISSION DISTRIBUTION COMPANY
Ruled By: MAKONESE J

8 and 9 February and 26 April 2018 Law of Delict-viz negligence re professional negligence.Procedural Law-viz pleadings re abandoned pleadings.Damages-viz delictual damages re bodily injury.Damages-viz delictual damages re ...

HB100-16 : TEBEKWE SANDS and MATOVU INVESTMENTS JOINT VENTURE vs MIKE G. HUGHES
Ruled By: TAKUVA J

2 February and 31 March 2016 Procedural Law-viz urgent chamber application.Procedural Law-viz provisional order re interim interdict pendente lite.Partnership Law-viz joint venture.Procedural Law-viz affidavits re founding ...

HB100-14 : LEMMAN MUNENEKWA vs ELIAS MUZAMBA and FANISILE NKOMO and PHILANI WEZA and NKOSILATHI NGWENYA and MINISTER OF LANDS & RURAL RESETTLEMENT
Ruled By: KAMOCHA J

4 and 5 March 2014 and 3 July 2014 Law of Property-viz double sale re double allocation of land by an administrative body.Administrative Law-viz double allocation of land.Procedural Law-viz ...

HB100-10 : STEPHEN NDLOVU vs THE OFFICER COMMANDING ZRP, BULAWAYO PROVINCE and THE COMMISSIONER GENERAL and CO-MINISTER OF HOME AFFAIRS
Ruled By: CHEDA J

30 April 2010 and 9 September 2010 Procedural Law-viz stay of execution re stay of sentence.Labour Law-viz public service re police force iro paragraph 35 of the ...

HB10-15 : INTRO-WISE CATERING (PVT) LTD vs COSIRA COMMUNICATIONS GLOBAL and COSIRA AFRICA (PTY) LIMITED and ZIMBABWE PLATINUM MINES (PVT) LTD
Ruled By: MAKONESE J

31 October 2014 and 22 January 2015 Procedural Law-viz declaratory order.Procedural Law-viz declaratur.Company Law-viz legal personality re the rule of separate legal existence.Company Law-viz legal personality re ...

HB10-14 : ELPHAS KAWA vs VICTOR MUZENDA N.O. and ZEXCOM (PRIVATE) LIMITED (in provisional liquidation) and ASSISTANT MASTER OF THE HIGH COURT and REGISTRAR OF DEEDS and GEORGE ZINGANI and FUNGAI MARUFU
Ruled By: MAKONESE J

18 October 2013 and 23 January 2014 Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz consolidation of matters.Procedural Law-viz directives of the court.Procedural Law-viz ...

HB10-13 : WESTGATE RESIDENTS ASSOCIATION vs NATIONAL RAILWAYS OF ZIMBABWE and L. H. JIYANE
Ruled By: NDOU J

28 May 2012 and 24 January 2013 Procedural Law-viz final orders re confirmation of provisional order.Procedural Law-viz final orders re discharge of interim interdict.Procedural Law-viz locus standi ...

HB10-12 : NOBERT KATERERE vs STANDARD CHARTERED BANK ZIMBABWE LTD
Ruled By: NDOU J

7 September & 5 November 2010 & 26 January 2012 Banking Law-viz debt re investment deposits iro verbal agreement.

HB10-11 : JENNIFER NDLOVU [nee NYONI] vs CHRISTINA NDLOVU [nee SITHOLE] and ASSISTANT MASTER OF THE HIGH COURT and ADDITIONAL ASSISTANT MASTER, TREDGOLD
Ruled By: MATHONSI J

18 and 20 January 2011 Procedural Law-viz disputes of fact.Procedural Law-viz dispute of facts.Procedural Law-viz conflict of facts.Procedural Law-viz form of proceedings re disputes of ...

HB10-10 : NORAH NCUBE vs ALBERT GUMBO and REGISTRAR OF DEEDS
Ruled By: KAMOCHA J

9 February 2010 Procedural Law-viz appeal.Procedural Law-viz order by consent.Procedural Law-viz appeal re appeal against a consent order.Family Law-viz division of the assets ...

HB10-09 : BUSISIWE ANNAH SIBANDA vs DAN SIBANDA and MATABEZI VUKA UZENZELE TRUST
Ruled By: CHEDA J

19 January 2009 and 29 January 2009 Procedural Law-viz citation and joinder re joinder proceedings iro matrimonial action.Trust Law-viz Notatial Deed of Trust.Family Law-viz distribution of assets ...

HB09-15 : LEAST SUPPLIES (PVT) LTD t/a L.S. CELLULAR and L.S. CAPITAL vs T.I.B. INSURANCE BROKERS and HERITAGE INSURANCE COMPANY
Ruled By: TAKUVA J

16 June and 15 January 2015 Procedural Law-viz citation re joinder iro Rule 87 of the High Court Rules.Insurance Law-viz insurance cover re brokerage.Insurance Law-viz insurance ...

HB09-14 : ZIMPAPERS GROUP OF COMPANIES T/A THE CHRONICLE NEWSPAPERS vs MILIDZI KHUPHE and THE HONOURABLE M. MOYO-MATSHANGA
Ruled By: MOYO J

1 November 2013 and 23 January 2014 Procedural Law-viz civil review re labour proceedings.Procedural Law-viz civil review re Rule 257.Procedural Law-viz rules of court re High Court ...

HB09-13 : ELLEN MBUVAH and MINING INDUSTRY PENSION FUND and NATIONAL RAILWAYS OF ZIM and OTHERS vs JAMES MANGACHENA & ANOR and DR ZIWAI MANESWA and DISHAI MARKETING & MERCHANDISING (PVT) LTD and OTHERS
Ruled By: CHEDA AJ

24 January 2013 Procedural Law-viz pleadings re withdrawal of pleadings iro removal of matter from the roll.Procedural Law-viz final orders re confirmation of ...

HB09-12 : PRINCE NKOMAZANA vs CONCILIA LUPONDO and BULAWAYO CITY COUNCIL
Ruled By: NDOU J

30 September 2011 and 19 January 2012 Procedural Law-viz default judgment re rescission of default judgment iro failure to file opposing papers timeously.Procedural Law-viz automatic bar re ...

HB09-09 : TERENCE ALAN BLAKE and EDWARD GRAHAM BURROUGHS vs TABS-AVOIN LIGHTING (PVT) LTD and ASMARA COMPANY (PVT) LTD and JONATHAN TAFADZWA JERE and JAIROS MTHONISI MOYO
Ruled By: CHEDA J

24 January 2009 and 29 January 2009 Procedural Law-viz default judgment.Corporate Law-viz share transactions re sale of shares.Corporate Law-viz debt re loan.Banking Law-viz debt re loan iro ...

HB08-15 : MEGALITHIC MARKETING (PVT) LTD vs CITY OF BULAWAYO
Ruled By: KAMOCHA J

11 March 2014 and 15 January 2015 Administrative Law-viz the exercise of administrative prerogative re recommendations.Law of Contract-viz purchase and sale re tenders iro section 210 of ...

View Appeal
HB08-14 : JONATHAN MOYO vs ROSELINE NKOMO
Ruled By: MAKONESE J

14 January 2014 and 31 January 2014 Electoral Law-viz electoral petition re section 167 of the Electoral Act [Chapter 2:13].Procedural Law-viz cause of action re exceptions iro ...

HB08-11 : TANYA ANNE SUTHERLAND vs THE MINISTER OF PUBLIC SERVICE LABOUR, AND SOCIAL WELFARE and THE PROVINCIAL SOCIAL WELFARE OFFICER, BYO and TREVOR HARRISON
Ruled By: MATHONSI J

21 January 2011 and 27 January 2011 Family Law-viz custody re minor child.Family Law-viz custody re minor iro variation of custody order.Procedural Law-viz rules of evidence re ...

HB08-10 : PHILLIP GUMBO vs JOYCE NDIWENI and DEPUTY SHERIFF and REGISTRAR OF DEEDS
Ruled By: KAMOCHA J

18 February 2010 Procedural Law-viz default judgment re failure to appear.Procedural Law-viz ex tempore.Procedural Law-viz default judgment re rescission of judgment.Procedural Law-viz rescission ...

HB07-14 : JOSEPH MARSHAL STUART vs NATIONAL RAILWAYS OF ZIMBABWE
Ruled By: NDOU J

10 and 23 January 2014 Procedural Law-viz pleadings re amendment to pleadings iro amendment of claim.Damages-viz the principle of currency nominalism.Procedural Law-viz pleadings re amendment ...

HB07-13 : MAXWELL SHUMBA and SIBUSISIWE SHUMBA vs THE APOSTOLICT FAITH MISSION OF PORTLAND OREGON (SOUTHERN AFRICA HEADQUARTERS)
Ruled By: CHEDA AJ

16 October 2012 and 24 January 2013 Procedural Law-viz default judgment re rescission of judgment.Procedural Law-viz rules of evidence re documentary evidence.Procedural Law-viz final orders re final ...

Appealed
HB07-12 : GOLDEN MOYO vs STEPHEN MKOBA and DISTRICT ADMINISTRATOR, MIDLANDS PROVINCE and GOVERNOR, MIDLANDS PROVINCE and MINISTER OF LOCAL GOVERNMENT and PRESIDENT OF ZIMBABWE
Ruled By: NDOU J

26 August 2011 and 19 January 2012 Procedural Law-viz final orders re confirmation or discharge of a provisional order.Procedural Law-viz final orders re confirmation or discharge of ...

HB07-11 : FRANCIS NYAMADZAWO and SIPIWE NYAMADZAWO vs GWERU MAGISTRATE (I. MHLANGA (N.O) and AGRIPPA HLABANGANA and BARBRA HLABANGANA and JOYCE SEVERINO
Ruled By: MATHONSI J

13 January 2011 and 27 January 2011 Procedural Law-viz consolidation of matters.Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz consolidation of actions re Rule ...

HB07-09 : BENJAMIN SIBINDI vs NKOSILATHI MXOTSHWA
Ruled By: KAMOCHA J

18 March 2008 and 19 February 2009 Estate Law-viz distribution re cause of action iro proceedings post final distribution of estate.Procedural Law-viz citation re process against an ...

HB06-13 : PATSON MAKHIWA vs MINISTER OF EDUCATION, SPORT & CULTURE and BULAWAYO ADVENTIST SECONDARY SCHOOL and THE HEADMASTER, MR MARANDURE N.O.
Ruled By: CHEDA AJ

11 and 24 January 2013 Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz urgent chamber application.Procedural Law-viz directions of the court.Education Law-viz ...

HB06-12 : KAISER ENGINEERING (PVT) LTD vs MAKEH ENTERPRISES (PVT) LTD
Ruled By: NDOU J

21 February 2011 and 19 January 2012 Law of Property-viz lease agreement re Rent Regulations iro statutory tenant.Law of Property-viz agreement of lease re Rent Regulations iro ...

HB06-11 : JOTHAM CHIRONGOMA vs TDG LOGISTICS and REGENT INSURANCE
Ruled By: MATHONSI J

13 January 2011 and 27 January 2011 Procedural Law-viz exception.Procedural Law-viz civil proceedings instituted against peregrinus.Delict Law-viz negligence re road traffic accident.Procedural Law-viz civil proceedings instituted against ...

HB06-10 : BUSI MAPHOSA vs DYLAN KAWARA and MAREVERWA MASHAYAMOMBE (as Executor Dative in the Estate of Richard Mashayamombe) and MASTER OF THE HIGH COURT and OTHERS
Ruled By: KAMOCHA J

29 January and 4 February 2010 Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz default judgment re failure to appear.Procedural Law-viz declaratory order ...

HB06-09 : NDABEZINHLE MAZIBUKO vs CHIEF SUPRINTENDENT SITHOLE AND TWO OTHERS
Ruled By: NDOU J

3 October, 2006 and 15 January, 2009 Law of Delict-viz cause of action re personal injury.Law of Delict-viz damages re quantum of damages iro exemplary damages.Procedural Law-viz ...

HB05-14 : CASPER SIBANDA vs BARNABAS SIGOLA
Ruled By: MOYO J

19 November 2013 and 23 January 2014 Law of Property-viz vindicatory action re claim of right.Law of Property-viz rei vindicatio re claim of right.Procedural Law-viz counterclaim.Procedural Law-viz ...

HB05-13 : HWANGE COLLIERY LTD vs MINISTER OF HIGHER & TERTIARY EDUCATION and DEPUTY SHERIFF, HWANGE DISTRICT
Ruled By: KAMOCHA J

3 December 2012 and 17 January 2013 Procedural Law-viz urgent chamber application re stay of execution.Procedural Law-viz urgent application re urgency.Procedural Law-viz pre trial conference.Procedural Law-viz default ...

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