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Civil Cases

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 ...

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 ...

SC32-18 : 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 ...

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 ...

SC31-13 : LAWSIGN NYARUMBU vs SANDVIK MINING AND CONSTRUCTION ZIMBABWE (PVT) LTD
Ruled By: ZIYAMBI JA, GARWE JA and PATEL AJA

7 May and 9 July 2013 Labour Law-viz disciplinary proceedings re verdict iro competent verdicts.Labour Law-viz disciplinary hearings re dismissible acts of misconduct iro discretionary powers ...

SC31-10 : COMMERCIAL FARMERS UNION and OTHERS vs THE MINISTER OF LANDS AND RURAL RESETTLEMENT and OTHERS
Ruled By: CHIDYAUSIKU CJ, MALABA DCJ, ZIYAMBI JA, GARWE JA and CHEDA AJA

30 September and 26 November 2010 Constitutional Law-viz constitutional application re section 24(1) of the Constitution.Land Acquisition-viz compulsory acquisition re farmland iro section 16B of the ...

SC31-09 : LLOYD GUWA and HAZEL CLARIS KUMIRE vs WILLOUGHBYS INVESTMENTS (PVT) LTD
Ruled By: GARWE JA

16 June and 24 June 2009 Procedural Law-viz declaratory order.Procedural Law-viz declaratur.Procedural Law-viz appeal re Notice of Appeal iro Rule 29(c) of the Supreme Court Rules.Procedural ...

SC30-20 : GODFREY TAPEDZA AND ZIMBABWE ENERGY WORKERS UNION AND OTHERS vs ZIMBABWE ENERGY REGULATORY AUTHORITY AND NATIONAL EMPLOYMENT COUNCIL FOR THE ENERGY INDUSTRY
Ruled By: GWAUNZA JA, HLATSHWAYO JA and PATEL JA

26 May 2017 and 28 February 2020 Procedural Law-viz civil appeal.Labour Law-viz Collective Bargaining Agreements.Law of Contract-viz essential elements re consensus ad idem iro statutory contracts.Labour Law-viz ...

SC30-19 : BRITISH AMERICAN TOBBACO ZIMBABWE vs JONATHAN CHIBAYA
Ruled By: GARWE JA, GOWORA JA and MAVANGIRA JA

20 June 2017 and 15 March 2019 Procedural Law-viz review re labour proceedings.Procedural Law-viz rules of evidence re expert evidence iro handwriting.Procedural Law-viz rules of evidence re ...

SC30-17 : ALLIANCE INSURANCE vs IMPERIAL PLASTICS (PRIVATE) LIMITED and THE HONOURABLE JUDGE L.G. SMITH (RTD) N.O.
Ruled By: MALABA DCJ, MAVANGIRA JA and UCHENA JA

20 January and 28 March 2017 Procedural Law-viz citation re party acting in an official capacity.Insurance Law-viz insurance claim.Law of Contract-viz dispute resolution re arbitration.Procedural Law-viz ...

Appealed
SC30-16 : STAND FIVE FOUR NOUGHT (PRIVATE) LIMITED vs SALZMAN ET CIE SA
Ruled By: ZIYAMBI JA, GOWORA JA and UCHENA JA

14 March 2016 Law of Contract viz debt re debt security iro co-principal debtor.Law of Contract-viz debt re debt security iro surety.Law of ...

SC30-15 : DUNMORE MUPANDASEKWA vs GREEN MOTOR SERVICES (PRIVATE) LIMITED
Ruled By: GWAUNZA JA, GOWORA JA and GUVAVA JA

8 July 2014 and 25 June 2015 Labour Law-viz contract of employment re termination iro gross negligence.Procedural Law-viz recusal re institutional bias iro labour disciplinary proceedings.Labour ...

SC30-14 : RICHARD CHAYIKOSA vs THE CITY OF HARARE
Ruled By: MALABA DCJ

20 March 2014 Procedural Law-viz rules of evidence re competent witness iro supporting affidavit.Procedural Law-viz rules of evidence re compellable witness iro supporting ...

SC30-13 : ARCHIPELAGO (PVT) LTD vs LOCAL AUTHORITIES PENSION FUND and ADDINGTON CHINAKE
Ruled By: MALABA DCJ, ZIYAMBI JA and PATEL AJA

14 May and 9 July 2013 Law of Property-viz rent regulations re statutory tenant iro determination of fair rental.Law of Property-viz rent regulations re sitting tenant ...

SC30-08 : DANAI GURUVA vs TRAFFIC SAFETY COUNCIL OF ZIMBABWE
Ruled By: SANDURA JA, CHEDA JA and GWAUNZA JA

21 January 2008 and 27 January 2009 Labour Law-viz employment contract re transfer of employees.Procedural Law-viz rules of evidence re documentary evidence.Labour Law-viz arbitration re conciliation proceedings.Labour ...

SC29-18 : RESERVE BANK OF ZIMBABWE vs T. LLOYD MUFUDZI and RICHARD USEYA and NYASHA CHIKAZAZA and WARAIDZO TANDI
Ruled By: GOWORA JA, BHUNU JA and ZIYAMBI AJA

26 June 2017 Procedural Law-viz condonation re late filing of an application for leave to appeal.Procedural Law-viz appeal re leave to appeal iro ...

SC29-17 : ZESA ENTERPRISES (PRIVATE) LIMITED vs ALOYCE ROY STEVAWO
Ruled By: MALABA DCJ, GOWORA JA and BHUNU JA

3 March 2016 and 30 March 2017 Labour Law-viz sick leave.Labour Law-viz employment contract re termination iro absenteeism on medical grounds.Labour Law-viz disciplinary hearings re disciplinary proceedings ...

Appealed
SC29-16 : EL ELION INVESTMENTS (PRIVATE) LIMITED vs AUCTION CITY (PRIVATE) LIMITED
Ruled By: MALABA DCJ, GUVAVA JA and UCHENA JA

21 and 22 June 2016 Law of Contract-viz purchase and sale re public auction.Law of Contract-viz purchase and sale re public auction iro sale through ...

SC29-15 : BASE MINERALS ZIMBABWE (PRIVATE) LIMITED and PETER VALENTINE and MUYENGWA MOTSI vs MABWE MINERALS (PRIVATE) LIMITED
Ruled By: ZIYAMBI JA, GWAUNZA JA and BERE AJA

15 July 2014 Law of Property-viz spoliation order.Law of Property-viz mandament van spolie.Procedural Law-viz appeal re findings of fact maede by the trial ...

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SC29-14 : PAUL SIMANGO vs MARTHA SIMANGO
Ruled By: ZIYAMBI JA, GWAUNZA JA and GOWORA JA

20 September 2013 Family Law-viz division of the assets of the spouses re direct contributions.Family Law-viz distribution of matrimonial property re indirect contributions.Family ...

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SC29-13 : BETTY KANYUCHI vs DRAWING SERVICES (PVT) LTD
Ruled By: MALABA DCJ, GARWE JA and GOWORA JA

11 September 2012 and 19 June 2013 Law of Property-viz vindicatory action re eviction iro claim of right.Law of Property-viz rei vindicatio re eviction iro claim of ...

SC29-12 : ANNA MARANGE vs JOSEPH CHIROODZA
Ruled By: MALABA DCJ

29 March 2012 Legal Practitioners-viz professional ethics.Procedural Law-viz civil appeal.Procedural Law-viz condonation.

SC29-09 : BLUE RANGERS ESTATES (PVT) LTD vs JAMAYA MUDUVIRI and THE MINISTER OF LANDS AND RURAL RESETTLEMENT
Ruled By: MALABA DCJ

20 May and 16 June 2009 Law of Property-viz spoliation order.Law of Property-viz mandament van spolie.Procedural Law-viz appeal re Notice of Appeal iro Rule 29 of ...

SC28-19 : EMMANUEL MASVIKENI vs NATIONAL BLOOD SERVICE ZIMBABWE
Ruled By: GWAUNZA JA, GARWE JA and MAVANGIRA JA

10 November 2017 and 4 March 2019 Labour Law-viz employment contract re termination.Procedural Law-viz rules of evidence re admissions.Procedural Law-viz review re labour proceedigns.Procedural Law-viz pleadings re ...

Appealed
SC28-18 : NYAKUTOMBWA MUGABE LEGAL COUNSEL vs GETRUDE MUTASA and DIDYMUS MUTASA and SHERIFF OF ZIMBABWE
Ruled By: GARWE JA, MAKARAU JA and GUVAVA JA

6 March 2018 and 7 June 2018 Procedural Law-viz final orders re enforcement of court orders iro judicial attachment of property.Procedural Law-viz provisional order re stay of ...

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SC28-16 : ZIMBABWE REVENUE AUTHORITY vs PACKERS INTERNATIONAL (PRIVATE) LIMITED
Ruled By: ZIYAMBI JA, GOWORA JA and HLATSHWAYO JA

12 February 2015 and 24 November 2016 Tax Law-viz value added tax re section 28 of the Value Added Tax Act [Chapter 23:12].Tax Law-viz tax appeals re ...

SC28-15 : ZINWA vs JOSEPH MWOYOUNOTSVA
Ruled By: ZIYAMBI JA, GWAUNZA JA and HLATSHWAYO JA

5 June 2014 and 23 June 2015 Procedural Law-viz appeal re findings of fact made by the trial court.Labour Law-viz labour arbitration re terms of reference.Labour Law-viz ...

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