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Civil Cases

SC39-17 : FRASER MUYAKA vs BAK LOGISTICS (PVT) LTD
Ruled By: MALABA DCJ, MAVANGIRA JA and UCHENA JA

20 January and 22 June 2017 Labour Law-viz contract of employment re termination iro incompetence.Labour Law-viz employment contract re termination iro inefficient performance of duties.Labour Law-viz ...

SC39-12 : MM PRETORIUS (PVT) LTD and JOSEPH GONCLAVES vs CHAMUNORWA CHARLES MUTYAMBIZI
Ruled By: ZIYAMBI JA

30 April and 17 October 2012 Procedural Law-viz condonation re late noting of an appeal.Procedural Law-viz appeal re extension of time within which to appeal.Procedural Law-viz ...

SC39-00 : E. FILON vs THE PUBLIC SERVICE COMMISSION and THE MINISTER OF LANDS AND WATER RESOURCES
Ruled By: GUBBAY CJ, McNALLY JA and EBRAHIM JA

17 February and 24 May 2000 Labour Law-viz discipline re suspension from duty.Labour Law-viz discipline re disciplinary proceedings iro request for further particulars.Procedural Law-viz rules of ...

SC38-22 : MINING COMMISSIONER – MASVINGO N.O. and MINING AFFAIRS BOARD and MINISTER OF MINES AND MINING DEVELOPMENT vs FINER DIAMOND (PRIVATE) LIMITED
Ruled By: BHUNU JA

20 September 2021 and 21 March 2022 Procedural Law-viz citation re party acting in an official capacity iro nominus officiae.Procedural Law-viz citation re party acting in an ...

SC38-19 : PIA NGWARU vs FIRST MUTUAL HEALTH COMPANY (PRIVATE) LIMITED
Ruled By: GARWE JA, GUVAVA JA and MAVANGIRA JA

21 November 2017 and 7 May 2019 Labour Law-viz contract of employment re termination iro misconduct.Procedural Law-viz rules of evidence re admissions.Procedural Law-viz review re labour proceedings.Procedural ...

SC38-16 : MARTIN NHAPATA vs CHRISTOPHER MASWI and MAIDEI MASWI
Ruled By: GWAUNZA JA

4 July 2016 and 20 July 2016 Procedural Law-viz condonation re late filing of an appeal.Procedural Law-viz dirty hands principle re failure to comply with a court ...

SC38-15 : DELTA BEVERAGES (PRIVATE) LIMITED vs KUDAKWASHE MURANDU
Ruled By: GWAUNZA JA, HLATSHWAYO JA and CHIWESHE AJA

23 June 2014 and 2 July 2015 Procedural Law-viz appeal re issues raised for the first time on appeal iro issues not specifically pleaded in the court ...

SC37-20 : ROSEMARY BASTIN vs KUFA MADZIMA (IN HIS CAPACITY AS THE EXECUTOR OF THE ESTATE LATE MARIMO MADZIMA)
Ruled By: MAKARAU JA, MAKONI JA and MATHONSI JA

17 January 2020 and 5 March 2020 Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz summary judgment re eviction proceedings.Law of Property-viz vindicatory action.Law ...

Appealed
SC37-18 : TRACEY LEIGH MACKINTOSH (NEE PARKINSON) vs ANTONY WILLIAM MACKINTOSH
Ruled By: GARWE JA, GUVAVA JA and UCHENA JA

2 February 2017 and 15 June 2018 Family Law-viz maintenance re variation of a maintenance order.Procedural Law-viz rules of evidence re documentary evidence.Procedural Law-viz appeal re grounds ...

SC37-17 : TM SUPERMARKETS (PVT) LTD vs AVONDALE HOLDINGS (PVT) LTD and SHERIFF OF ZIMBABWE
Ruled By: CHIDYAUSIKU CJ

12 June 2014 Procedural Law-viz urgent chamber application re stay of execution.Procedural Law-viz rules of evidence re documentary evidence.Law of Contract-viz Deed of ...

SC37-16 : MARANGE RESOURCES (PVY) LTD vs CORE MINING & MINERALS PL (IN LIQUIDATION), MOSES CHINHENGO (RETIRED JUDGE) N.O., PRESIDENT, LAW SOCIETY OF ZIMBABWE N.O., ATTORNEY GENERAL OF ZIMBABWE N.O.
Ruled By: MALABA DCJ, HLATSWAYO JA and GUVAVA JA

11 February 2014 and 22 July 2016 Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz urgent chamber application re urgency.Partnership Law-viz joint venture.Procedural Law-viz ...

SC37-15 : JG CONSTRUCTION (PRIVATE) LIMITED vs NJERE TRADING (PRIVATE) LIMITED t/a TELFORD MICA HARDWARE
Ruled By: ZIYAMBI JA, GARWE JA and HLATSHWAYO JA

2 June and 9 July 2015 Law of Contract-viz debt re contractual debt.Procedural Law-viz rules of evidence re documentary evidence.Law of Contract-viz debt re acceptance of ...

SC37-09 : EDDIES PFUGARI (PVT) LTD vs KNOWE RESIDENTS ASSOCIATION and NORTON TOWN COUNCIL
Ruled By: SANDURA JA, ZIYAMBI JA and GARWE JA

6 May 2008 and 1 September 2009 Law of Property-viz land development re servicing of Stands.Company Law-viz voluntary associations.Company Law-viz unincorporated associations.Procedural Law-viz locus standi re legal ...

SC36-17 : NETONE CELLULAR (PRIVATE) LIMITED and REWARD KANGAI vs ECONET WIRELESS (PRIVATE) LIMITED and ZIMBABWE REVENUE AUTHORITY
Ruled By: GOWORA JA, HLATSHWAYO JA and PATEL JA

7 February and 26 May 2017 Procedural Law-viz rules of evidence re subpoena iro subpoena duces tecum.Procedural Law-viz rules of evidence re subpoena iro production of ...

SC36-16 : TN HARLEQUIN LUXAIRE vs WINSTON MHONDA and FUNGAI KATSVAIRO
Ruled By: GARWE JA, MAVANGIRA JA and UCHENA JA

12 November 2015 and 3 August 2016 Labour Law-viz disciplinary proceedings re verdict of the disciplinary committee iro lack of consensus of members of the tribunal.Labour Law-viz ...

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SC36-13 : DINESH MANIAL NARAN vs RONNAH MAFURIRANO and THE REGISTRAR OF DEEDS
Ruled By: CHIDYAUSIKU CJ, ZIYAMBI JA and MAKONESE AJA

25 March 2013 Procedural Law-viz declaratory order re declaration of fact.Procedural Law-viz declaratur re declaration of fact.Law of Contract-viz specific performance re specific ...

Appealed
SC36-12 : RESERVE BANK OF ZIMBABWE vs CAFCA LTD
Ruled By: MALABA DCJ, ZIYAMBI JA and OMERJEE AJA

7 October 2011 and 2 October 2012 Law of Contract-viz debt re contractual.Banking Law-viz quasi-fiscal operations of the Central Bank.Law of Contract-viz representations re undertakings.Law of Contract-viz ...

SC35-22 : JOHN BASERA vs REGISTRAR OF THE SUPREME COURT OF ZIMBABWE and SAMUEL MUVUTI and JOYLIN MUVUTI and MINISTER OF LANDS, AGRICULTURE, WATER, FISHERIES AND RURAL SETTLEMENT
Ruled By: MATHONSI JA

9 February 2022 Procedural Law-viz chamber application re review iro Rule 13 of the Supreme Court Rules.Procedural Law-viz review re Rule 13 of ...

SC35-19 : MHLANGA MXOLISI vs MINISTRY OF PRIMARY AND SECONDARY EDUCATION
Ruled By: GWAUNZA DCJ, MAKONI JA and MOYO AJA

25 and 27 March 2019 Procedural Law-viz final orders re ex tempore judgment.Labour Law-viz employment contract re termination.Procedural Law-viz review re labour proceedings.Constitutional Law-viz rights ...

SC35-17 : LEONARD DZVAIRO vs KANGO PRODUCTS
Ruled By: ZIYAMBI JA, GOWORA JA and GUVAVA JA

11 June 2015 and 23 May 2017 Procedural Law-viz chamber application re extension of time within which to note an appeal.Procedural Law-viz chamber application re condonation iro ...

SC35-16 : NATIONAL EMPLOYMENT COUNCIL FOR THE CATERING INDUSTRY vs RICHARD KUNDEYA and PANGANAI MARUFU and EPHRAIM TAWANA and WILLIAM MUSIIWA
Ruled By: GWAUNZA JA, HLATSHWAYO JA and BHUNU JA

6 November 2015 and 18 August 2016 Labour Law-viz employment contract re transfer of employees.Labour Law-viz contract of employment re alterations to conditions of service.Labour Law-viz employment ...

SC35-15 : ELIAS CHIDEMBO vs BINDURA NICKEL CORPORATION LIMITED
Ruled By: GWAUNZA JA, HLATSHWAYO JA and MAVANGIRA AJA

20 May 2014 and 2 July 2015 Labour Law-viz discipline re disciplinary hearings.Labour Law-viz workers committee re obligations of workers representatives.Labour Law-viz disciplinary proceedings re dismissable acts ...

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SC35-13 : GOLDEN MOYO vs STEPHEN MKOBA and DISTRICT ADMINISTRATOR FOR LOWER GWERU and OTHERS
Ruled By: MALABA DCJ, GOWORA JA and CHEDA AJA

30 July 2012 and 7 August 2013 Traditional Leadership-viz chieftainship re succession.Procedural Law-viz final order re the doctrine of effectiveness.Procedural Law-viz final orders re brutum fulmen judgment.Procedural ...

SC35-12 : CANESIUS CHIPANGURA vs ENVIRONMENTAL MANAGEMENT AGENCY
Ruled By: OMERJEE AJA

12 and 19 September 2012 Procedural Law-viz appeal re leave to appeal iro labour proceedings.Labour Law-viz discipline re disciplinary hearing iro the principle that labour ...

SC34-22 : NICHOLAS MUKARATI vs PIONEER COACHES (PRIVATE) LIMITED
Ruled By: GWAUNZA DCJ, MATHONSI JA and CHITAKUNYE JA

18 January 2022 and 24 February 2022 Labour Law-viz arbitration re setting aside of an arbitral award.Procedural Law-viz final orders re setting aside of an arbitral award.Labour ...

Appealed
SC34-19 : NJZ RESOURCES (HK) LIMITED vs ANDREW ZINYEMBA AND 18 OTHERS
Ruled By: GWAUNZA DCJ, MAKARAU JA and BHUNU JA

2 March 2018 and 4 April 2019 Procedural Law-viz judicial attachment re interpleader proceedings.Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz judicial attachment re ...

Appealed
SC34-18 : MINISTER OF MINES and ZIMBABWE MINING DEVELOPMENT CORPORATION and MARANGE RESOURCES PL and ZIMBABWE CONSOLIDATED DIAMOND COMPANY vs GRANDWELL HOLDINGS PL and MBADA DIAMONDS and ANOR
Ruled By: PATEL JA, GUVAVA JA and UCHENA JA

22 June 2017 and 19 June 2018 Law of Property-viz spoliation order re arbitrary eviction.Law of Property-viz mandament van spolie re arbitrary eviction.Procedural Law-viz locus standi re ...

SC34-17 : ZIMSLATE QUARTZITE (PRIVATE) LIMITED and ARMINCO INVESTMENTS (PRIVATE) LIMITED and TINASHE CHIMANIKIRE and MOHMED MAHMED vs CENTRAL AFRICAN BUILDING SOCIETY
Ruled By: ZIYAMBI AJA

17 March 2017 and 10 May 2017 Procedural Law-viz appeal re reinstatement of an appeal.Law of Contract-viz debt re contractual debt.Law of Contract-viz debt re debt security ...

SC34-16 : ROGERIO BARBOSA DE SA vs HERLANDER BARBOSA DE SA
Ruled By: GARWE JA, HLATSHWAYO JA and GUVAVA JA

30 October 2014 and 21 July 2016 Company Law-viz shareholding re share transactions.Law of Contract-viz debt re contractual debt.Procedural Law-viz default judgment re rescission of default judgment ...

SC34-15 : BANKING EMPLOYERS ASSOCIATION OF ZIMBABWE vs ZIMBABWE BANK AND ALLIED WORKERS UNION
Ruled By: ZIYAMBI JA, GARWE JA and GUVAVA JA

2 March 2015 and 9 July 2015 Law of Contract-viz essential elements re intent.Law of Contract-viz essential elements re animus contrahendi.Labour Law-viz Collective Bargaining Agreement.Procedural Law-viz final ...

SC34-12 : MINISTER OF LOCAL GOVERNMENT, RURAL AND URBAN DEVELOPMENT N.O. and CHAIRPERSON OF THE DISCIPLINARY COMMITTEE, CITY OF HARARE, MUNAMATO MUTEVEDZI N.O. vs SILAS MACHETU and OTHERS
Ruled By: MALABA DCJ, GOWORA JA and OMERJEE AJA

19 June and 18 September 2012 Local Authorities-viz dismissal of councillors.Local Authorities-viz removal of councillors.Procedural Law-viz appeal re findings of fact made by the trial court.Administrative ...

Appealed
SC33-18 : SMIT INVESTMENT HOLDINGS SA (PROPRIETARY) LIMITED and GENET MINING (PROPRIETARY) LIMITED vs THE SHERIFF OF ZIMBABWE and PUNGWE MINING (PVT) LTD
Ruled By: MALABA CJ, HLATSHWAYO JA and PATEL JA

26 January and 19 June 2018 Procedural Law-viz judicial attachment re interpleader proceedings.Procedural Law-viz consolidation of matters.Procedural Law-viz appeal re findings of fact made by the ...

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SC33-17 : MINISTER OF HIGHER AND TERTIARY EDUCATION vs BMA FASTENERS (PRIVATE) LIMITED and MASTER OF THE HIGH COURT, BULAWAYO
Ruled By: CHIDYAUSIKU CJ, GOWORA JA and MUTEMA AJA

28 July 2014 Procedural Law-viz appeal re leave to appeal iro interlocutory judgments.Procedural Law-viz leave to appeal re interlocutory orders iro section 43 ...

SC33-15 : APEX HOLDINGS (PRIVATE) LIMITED vs VENETIAN BLINDS SPECIALISTS LIMITED
Ruled By: GWAUNZA JA, GOWORA JA and GUVAVA JA

23 March and 25 June 2015 Procedural Law-viz postponement of hearing.Procedural Law-viz appeal re findings of fact made by the trial court.Procedural Law-viz appeal re cross-appeal.Procedural ...

SC33-13 : TENDAYI TAMANIKWA and FRANK TINARWO and EMMERSON PAMIRE and TENDAI MOMBESHORA vs ZIMBABWE MANPOWER DEVELPOMENT FUND
Ruled By: ZIYAMBI JA, GOWORA JA and OMERJEE AJA

15 October 15 and 16 July 2013 Procedural Law-viz rules of construction re statutory provision iro conflicting statutory provisions.Procedural Law-viz rules of interpretation re statutory provision iro ...

SC33-08 : DR ANNAMORE JAMU vs CITY OF HARARE
Ruled By: SANDURA JA, ZIYAMBI JA and GARWE JA

15 July 2008 and 26 January 2009 Local Authorities-viz land development re change of use of land iro section 26 of the Regional, Town and Country Planning ...

SC32-22 : CUTHBERT DUBE vs PREMIER MEDICAL INVESTMENTS (PVT) LTD and PREMIER SERVICE MEDICAL AID SOCIETY
Ruled By: MAKONI JA, MATHONSI JA and KUDYA JA

24 January 2022 and 24 February 2022 Procedural Law-viz final orders re principle of finality to litigation iro dismissal of a matter for want of prosecution.Procedural Law-viz ...

SC32-18 : ZESA HOLDINGS (PRIVATE) LIMITED vs ITAYI UTAH
Ruled By: GWAUNZA JA, GUVAVA JA and MAVANGIRA JA

22 September 2017 and 12 June 2018 Labour Law-viz retrenchment agreements.Labour Law-viz severance agreements.Labour Law-viz labour arbitration re section 93 of the Labour Act [Chapter 28:01].Procedural Law-viz ...

SC32-17 : SHORAI KUDZAI MUCHEMWA vs C M GROBBLER
Ruled By: ZIYAMBI JA, GWAUNZA JA and MAVANGIRA JA

21 November 2016 and 15 May 2017 Land Acquisition-viz eviction re section 3 of the Gazetted Land (Consequential Provisions) Act [Chapter 20:28].Land Acquisition-viz lawful authority to occupy ...

SC32-16 : DUMISO DABENGWA and ZIMBABWE AFRICAN PEOPLE'S UNION vs ZIMBABWE ELECTORAL COMMISSION (ZEC) and CHAIRPERSON OF ZEC and CHIEF ELECTIONS OFFICER and MINISTER OF JUSTICE
Ruled By: MALABA DCJ, GOWORA JA and MAVANGIRA JA

12 January 2015 Procedural Law-viz appeal re Notice of Appeal iro Rule 29 of the Supreme Court Rules.Procedural Law-viz rules of court re ...

SC32-15 : BINDURA MUNICIPALITY vs PAISON CHIKEYA MUGOGO
Ruled By: GUVAVA JA

26 June 26 2015 Procedural Law-viz appeal re defective Notice of Appeal iro Practice Directive 3/13.Procedural Law-viz appeal re Rule 5 of the Supreme ...

SC32-13 : HEYWOOD INVESTMENTS (PRIVATE) LIMITED t/a GDC HAULIERS vs PHARAOH ZAKEYO
Ruled By: MALABA DCJ, GARWE JA and GOWORA JA

4 February and 9 July 2013 Labour Law-viz damages re damages in lieu of reinstatement.Damages-viz damages in lieu of reinstatement re quantification of damages.Procedural Law-viz form ...

SC32-12 : SWIMMING POOL & UNDERWATER REPAIR PL and AEPROMM RESOURCES PL and TOLROSE INVESTMENTS PL and PATTERSON TIMBA vs JAMESON RUSHWAYA and ANNIE RUSHWAYA
Ruled By: CHIDYAUSIKU CJ

19 July and 21 August 2012 Procedural Law-viz civil appeal re urgent hearing of an appeal iro Rule 58 of the Supreme Court Rules.Procedural Law-viz rules ...

SC32-09 : VIMBAI MBISVA vs RAINBOW TOURISM GROUP LIMITED t/a RAINBOW HOTEL & TOWERS
Ruled By: SANDURA JA, ZIYAMBI JA and MALABA JA

25 March 2008 and 15 July 2009 Labour Law-viz arbitration proceedings.Procedural Law-viz appeal re labour proceedings iro arbitral awards.Procedural Law-viz rules of evidence re documentary evidence.Labour Law-viz ...

Appealed
SC31-22 : NMB BANK LIMITED vs FORMSCAFF (PVT) LTD and PENNIWILL (PVT) LTD and RODNEY CALLAGHAN and MILLICENT CALLAGHAN and CHARLES CANNINGS and CLIFFORD JOHNSON and LESLEY BENNET
Ruled By: GARWE JA, PATEL JA and GUVAVA JA

17 October 2019 and 25 February 2022 Procedural Law-viz absolution from the instance.Procedural Law-viz pleadings re claim in reconvention.Procedural Law-viz pleadings re counter-claim.Procedural Law-viz pleadings re counter ...

SC31-17 : FBC BANK LIMITED vs ROBERT CHIWANZA
Ruled By: GWAUNZA JA

21 February and 27 March 2017 Procedural Law-viz appeal re reinstatement of an appeal iro reinstatement of a lapsed appeal.Procedural Law-viz condonation re length of delay.Procedural ...

SC31-16 : ECONET WIRELESS (PRIVATE) LIMITED vs MINISTER OF PUBLIC SERVICE, LABOUR AND SOCIAL WELFARE and REGISTRAR OF LABOUR and NATIONAL EMPLOYMENT COUNCIL FOR COMMUNICATIONS AND ALLIED SERVICES
Ruled By: ZIYAMBI JA, GARWE JA and BHUNU JA

15 January 2016 and 23 June 2016 Procedural Law-viz the dirty hands principle.Labour Law-viz Collective Bargaining Agreements re section 82(1)(a) of the Labour Act [Chapter 28:01].Administrative Law-viz ...

SC31-15 : WECTOR ENTERPRISES (PRIVATE) LIMITED vs LUXOR (PRIVATE) LIMITED
Ruled By: ZIYAMBI JA, HLATSHWAYO JA, and MAVANGIRA AJA

28 July and 30 July 2014 Procedural Law-viz default judgment re failure to file opposing papers.Procedural Law-viz final orders re rescission of final order erroneously granted ...

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SC31-14 : BRENNAN'S DIESEL SERVICES (PVT) LTD vs TENDA BUS SERVICES (PVT) LTD
Ruled By: ZIYAMBI JA, GOWORA JA and OMERJEE AJA

16 October 2012 Law of Contract-viz debt re contractual debt iro services rendered.Procedural Law-viz rules of evidence re undisputed evidence.Procedural Law-viz rules of ...

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