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Civil Cases

HB05-11 : BMG MINING (PVT) LTD vs MINING COMMISSIONER BYO MINING DISTRICT and CHIEF MINING COMMISSIONER and KAMATIVI TIN MINES (PVT) LTD
Ruled By: MATHONSI J

13 January 2011 and 20 January 2011 Procedural Law-viz declaratur.Procedural Law-viz declaratory order.Mining-viz mining claims re pegging.Administrative Law-viz the presumption of validity of official documents issued in ...

HB05-10 : SIPHIWE SIBANDA vs LUCKY SIBANDA
Ruled By: BERE J

29 and 30 May; 5 June; 20 July; 3 August 2007 and 28 January 2010 Family Law-viz decree of divorce.Family Law-viz custody re minor child.Family Law-viz custody re rights of access.Family Law-viz maintenance re minor ...

HB05-09 : PRSCILLA SIPHIWE DUBE vs MAPHEPHA SYNDICATE
Ruled By: KAMOCHA J

26 November, 2008 and 15 January, 2009 Procedural Law-viz jurisdiction re monetary civil jurisdiction of magistrates court.Law of Contract-viz jurisdiction re monetary civil jurisdiction of magistrates court.

HB04-16 : PATIENCE MAFU vs FREEMAN BIBA NCUBE and THE BULAWAYO CITY COUNCIL
Ruled By: MATHONSI J

31 December 2015 and 14 January 2016 Procedural Law-viz urgent chamber application.Procedural Law-viz default judgment re rescission of default judgment.Procedural Law-viz final order re sitting on a ...

HB04-15 : BULAWAYO CITY COUNCIL vs TRISHUL PROPERTIES
Ruled By: TAKUVA J

25 July 2014 and 15 January 2015 Procedural Law-viz summary judgment re Rule 64 of the High Court Rules.Socio-Economic Law-viz provision of services by a local authority.Law ...

HB04-14 : TRISTAR INSURANCE COMPANY (PVT) LTD vs WILBERT CHIKANYA
Ruled By: KAMOCHA J

8 November 2013 and 16 January 2014 Procedural Law-viz rescission of judgment re final order erroneously sought in the absence of a litigant affected by it ...

HB04-12 : TREZIAH NDLOVU vs SARAH MLANGENI
Ruled By: KAMOCHA J

21 and 24 OCTOBER 2010 and 19 January 2012 Procedural Law-viz default judgment re failure to attend pre-trial conference.Procedural Law-viz pleadings re striking out of pleadings iro failure to ...

HB04-11 : PECHI INVESTMENTS (PVT) LTD vs MAURICE CHARLES MUTATSI NYAMUDA t/a EBUNANDINI RESTAURANT
Ruled By: CHEDA J

18, 25 and 26 October 2010 and 13 January 2011 Procedural Law-viz consolidation of matters.Law of Property-viz lease agreement re termination iro notice of cancellation.Law of Proeprty-viz agreement of lease ...

HB04-09 : ECKEM WILIAM SITHOLE vs PG INDUSTRIES ZIMBABWE (LIMITED) T/A THE AFRICAN LUMBER COMPANY P/L
Ruled By: NDOU J

15 January 2009 Labour Law-viz code of conduct re labour rights iro right of appeal.Labour Law-viz legitimate expectation re promotion.

HB03-16 : SANPOULUS MAPLANKA vs OLIVER MASOMERA and THE DEPUTY MASTER
Ruled By: TAKUVA J

12 November and 14 December 2015; 14 January 2016 Procedural Law-viz urgent chamber application re interim interdict iro judicial caveat.Procedural Law-viz urgent application re provisional order iro the anti-dissipation ...

HB03-15 : LUBECK INVESTMENTS (PVT) LTD t/a HIGHER LEARNING CENTRE vs BESTER DUNDUZA
Ruled By: TAKUVA J

18 June 2014 and 15 January 2015 Procedural Law-viz summary judgment re Rule 64 of the High Court Rules.Law of Contract-viz debt re contractual debt.Procedural Law-viz final ...

Appealed
HB03-14 : SIBONGILE NDLOVU vs GUARDFORCE INVESTMENTS (PVT) LTD and REGISTRAR OF DEEDS (NO) and DEPUTY SHERIFF (NO)
Ruled By: MAKONESE J

13 December 2013 and 16 January 2014 Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz rules of court re High Court Rules iro Rule ...

HB03-13 : AGRICULTURAL DEVELOPMENT BANK OF ZIMBABWE T/A AGRIBANK vs PRITCHARD ZHOU and PERSEVIARANCE ZHOU
Ruled By: CHEDA J

12 November 2012 and 31 January 2013 Procedural Law-viz summary judgment re debt.Law of Contract-viz debt re contractual debt.Law of Contract-viz debt re debt security iro immovable ...

HB03-10 : SITHEMBILE SIBANDA vs PUMULO SAYELA and ESTATE LATE MFAKAZI NDLOVU and PLUMTREE TOWN COUNCIL and ASSISTANT MASTER OF THE HIGH COURT, BULAWAYO
Ruled By: KAMOCHA J

21, 22 July, 7,8,9 and 12 October 2009 and 21 January 2010 Procedural Law-viz default judgment re failure to file opposing papers.Procedural Law-viz declaratory order.Procedural Law-viz declaratur re validity of an agreement ...

HB03-09 : HLANGOTHI MSIMANGA and SILINDA SONGO and MANDLENKOSI SONGO vs LOMATHEMBA SONGO N.O. and ASSISTANT MASTER OF THE HIGH COURT and CITY OF BULAWAYO
Ruled By: NDOU J

15 January 2009 Procedural Law-viz dismissal of a matter for want of prosecution re application for reinstatement.Law of Property-viz judicial caveat re res ...

HB02-16 : AMOS JIHAZI vs THE REGISTRAR OF HIGH COURT N.O. and THE ADMINISTRATOR N.O. and SMM HOLDINGS (PVT) LTD and MESSENGER OF COURT, ZVISHAVANE N.O.
Ruled By: TAKUVA J

10 November 2015 and 14 January 2016 Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz urgent chamber application re provisional order iro stay of ...

HB02-15 : RHINE INVESTMENTS (PVT) LTD and ROGER MADANGURE vs WASAA COMMODITIES (PTY) LTD
Ruled By: TAKUVA J

25 July and 15 January 2015 Procedural Law-viz default judgment re rescission of judgment.Procedural Law-viz pleadings re striking out of pleadings iro striking out of defence ...

HB02-14 : BETTY DUBE vs ZIMBABWE REVENUE AUTHORITY
Ruled By: KAMOCHA J

1 July 2013 and 16 January 2014 Procedural Law-viz declaratory order re declaration of rights.Procedural Law-viz declaratur re declaration of rights.Procedural Law-viz rules of evidence re documentary ...

HB02-12 : MUNICIPALITY OF VICTORIA FALLS vs LOIDA NYATHI and 11 OTHERS
Ruled By: NDOU J

27 September 2010 and 19 January 2012 Procedural Law-viz consolidation of matters.Procedural Law-viz joinder of actions.Procedural Law-viz citation re joinder iro substitution of a litigating party.Procedural Law-viz ...

HB02-11 : MELUSI NDLOVU vs P D S INVESTMENTS (PVT) LTD
Ruled By: MATHONSI J

4 and 6 January 2011 Procedural Law-viz urgent chamber application.Procedural Law-viz stay of execution re judicial ejectment iro eviction order.Procedural Law-viz stay of execution re ...

HB02-10 : MAHLULELI NIXON DUBE vs N & S PROPERTIES and NICHOLAS MASUKU and JONAH DUMAH and POLINA DUMAH and CITY OF BULAWAYO
Ruled By: KAMOCHA J

13, 14 and 21 January 2010 Procedural Law-viz declaratory order re validity of an agreement of sale.Procedural Law-viz declaratur.Law of Contract-viz specific performance.Law of Contract-viz specific ...

HB02-09 : NDUMISO DUBE vs LEONARD DUBE
Ruled By: KAMOCHA J

21 May 2008 AND 15 January 2009 Law of Contract-viz essential elements re condition precedent.Law of Property-viz cession re conditions precedent iro immovable property.Law of Contract-viz condition ...

HB01-15 : MARIA RABEKA vs LARISSA STOCKIL and ASSISTANT MASTER OF THE HIGH COURT and REGISTRAR OF DEEDS N.O.
Ruled By: MAKONESE J

30 October 2014 and 8 January 2015 Procedural Law-viz citation re party acting in an official capacity iro nominus officiae.Procedural Law-viz citation re party acing in an ...

HB01-14 : COTIM TRADING (PVT) LTD vs ZIMBABWE POWER COMPANY t/a HWANGE POWER STATION
Ruled By: MUTEMA J

8, 9, 16 October 2013 and 16 January 2014 Law of Contract-viz debt re contractual debt.Law of Contract-viz specific performance re specific performance ex contractu.Procedural Law-viz rules of evidence ...

HB01-12 : NKULULEKO MABHENA vs P.G. INDUSTRIES (ZIM) LIMITED AND P.G. ZIMBOARD PRODUCTS (PVT) LTD AND ANOTHER
Ruled By: KAMOCHA J

17 February 2011 & 12 January 2012 Labour Law-viz damages re statement of account regarding salary and benefits iro dispute as to amount due where applicant is ...

HB01-10 : CHIPO JHAMBA vs ALETA V. MUGWISI
Ruled By: CHEDA J

26 November 2009 and 11 February 2010 Law of Delict-viz adultery.Damages-viz delictual damages re adultery damages.Procedural Law-viz automatic bar re failure to file opposing papers.Procedural Law-viz default ...

HB01-09 : JOHN MLILO vs TSEPO MOLISA
Ruled By: KAMOCHA J and NDOU J

27 October & 4 December 2008 & 22 January 2009 Procedural Law-viz appeals re ground of appeal iro consistency with pleadings, pre-trial memo.Procedural Law-viz appeals re ground of appeal iro ...

CC42-18 : NELSON CHAMISA vs EMMERSON DAMBUDZO MNANGAGWA and OTHERS
Ruled By: MALABA CJ, GWAUNZA DCJ, GARWE JCC, MAKARAU JCC, HLATSHWAYO JCC, PATEL JCC, BHUNU JCC, UCHENA JCC and MAKONI JCC

2018 Electoral Law-viz electoral results.Electoral Law-viz electoral petitions re dies induciae.Procedural Law-viz service of court process re the dies induciae.Procedural Law-viz ...

View Appeal
CC22-17 : MOVEN KUFA and VOICE FOR DEMOCRACY TRUST vs THE PRESIDENT OF THE REPUBLIC OF ZIMBABWE and THE PRIME MINISTER OF THE REPUBLIC OF ZIMBABWE and OTHERS
Ruled By: CHIDYAUSIKU CJ, ZIYAMBI JA, GARWE JA, GOWORA JA and OMERJEE AJA

19 July 2012 and 22 November 2017 Constitutional Law-viz constitutional appeal.Legal Practitioners-viz professional ethics.Constitutional Law-viz body established by the Constitution.Procedural Law-viz final orders re the doctrine of ...

CC21-19 : NELSON CHAMISA vs EMMERSON DAMBUDZO MNANGAGWA and OTHERS
Ruled By: MALABA CJ, GWAUNZA DCJ, GARWE JCC, MAKARAU JCC, HLATSHWAYO JCC, PATEL JCC, BHUNU JCC, UCHENA JCC and MAKONI JCC

22 and 24 August 2018 Electoral Law-viz electoral petition re section 93 of the Constitution.Constitutional Law-viz constitutional rights re access to the courts iro decision ...

CC21-17 : IGNATIUS RUVINGA vs PORTCULLIS (PRIVATE) LIMITED
Ruled By: CHIDYAUSIKU CJ, MALABA DCJ, GWAUNZA JCC, GARWE JCC, GOWORA JCC, HLATSHWAYO JCC, PATEL JCC, GUVAVA JCC, and MAVANGIRA AJCC

11 March 2015 and 25 October 2017 Constitutional Law-viz constitutional application re section 85(1) of the Constitution.Constitutional Law-viz constitutionality of statutory provisions re court orders iro order ...

CC20-20 : MATHEW SOGOLANI vs MINISTER OF PRIMARY AND SECONDARY EDUCATION and HEADMASTER, MASHAMBANHAKA SECONDARY SCHOOL and HEADMASTER, CHIZUNGU PRIMARY SCHOOL and ATTORNEY-GENERAL OF ZIMBABWE
Ruled By: MALABA CJ, GWAUNZA DCJ, GARWE JCC, GOWORA JCC, HLATSHWAYO JCC, GUVAVA JCC, MAVANGIRA JCC, BHUNU JCC and UCHENA JCC

1 February 2017 and 28 December 2020 Constitutional Law-viz constitutional application re section 85 of the Constitution.Constitutional Law-viz constitutional rights re freedom of religion iro section 60 ...

CC20-19 : THOKOZANI KHUPE and MOVEMENT FOR DEMOCRATIC CHANGE – TSVANGIRAI (MDC-T) vs PARLIAMENT OF ZIMBABWE and SPEAKER OF THE NATIONAL ASSEMBLY and MORGEN KOMICHI
Ruled By: MALABA CJ, GWAUNZA DCJ, GARWE JCC, MAKARAU JCC, GOWORA JCC, HLATSHWAYO JCC, PATEL JCC, GUVAVA JCC and MAKONI JCC

30 May 2018, 17 October 2018 and 6 November 2019 Constitutional Law-viz constitutional application re section 167 of the Constitution iro review of actions taken under Constitutional prerogative.Procedural Law-viz review ...

CC20-17 : MORGAN TSVANGIRAI vs ROBERT MUGABE and ZIMBABWE ELECTORAL COMMISSION and RITA MAKARAU, N.O. and CHIEF ELECTIONS OFFICER
Ruled By: CHIDYAUSIKU CJ, MALABA DCJ, ZIYAMBI JA, GWAUNZA JA, GARWE JA, GOWORA JA, HLATSHWAYO JA, CHIWESHE AJA and MAVANGIRA AJA

19 and 20 August 2013 Procedural Law-viz citation re party acting in an official capacity iro nominus officiae.Electoral Law-viz electoral petition re nullification of an ...

CC19-17 : JONATHAN MOYO vs SERGEANT CHACHA and THE ZIMBABWE ANTI-CORRUPTION COMMISSION and THE COMMISSIONER GENERAL OF POLICE, ZIMBABWE REPUBLIC POLICE and THE PROSECUTOR-GENERAL
Ruled By: MALABA CJ, GWAUNZA JCC, GARWE JCC, GOWORA JCC, HLATSHWAYO JCC, PATEL JCC, GUVAVA JCC, UCHENA JCC and ZIYAMBI AJCC

14 June and 20 September 2017 Constitutional Law-viz constitutional rights re personal liberty iro unlawful arrest.Procedural Law-viz disputes of fact re constitutional proceedings.Procedural Law-viz conflict of ...

CC18-17 : BLESSING MUSHAPAIDZE vs ST ANNE'S HOSPITAL and CAPS HOLDING LTD and NATIONAL EMPLOYMENT COUNCIL
Ruled By: CHIDYAUSIKU CJ, MALABA DCJ, ZIYAMBI JCC, GWAUNZA JCC, GARWE JCC, HLATSHWAYO JCC, PATEL JCC, GUVAVA JCC and MAVANGIRA JCC

11 February 2015 and 20 September 2017 Constitutional Law-viz constitutional application re protection of fundamental rights iro section 85 of the Constitution.Labour Law-viz employment contract re disclosures ...

CC17-17 : SHANTEL RUSIKE vs THE STATE
Ruled By: CHIDYAUSIKU CJ, MALABA DCJ, ZIYAMBI JCC, GWAUNZA JCC, GARWE JCC, GOWORA JCC, HLATSHWAYO JCC, GUVAVA JCC and MAVANGIRA AJCC

28 January 2015 and 20 September 2017 Constitutional Law-viz constitutional application re section 175(4) of the Constitution.Constitutional Law-viz constitutionality of statutory provisions re the Criminal Law (Codification ...

CC17-16 : DOUGLAS MWONZORA vs THE STATE
Ruled By: CHIDYAUSIKU CJ, MALABA DCJ, ZIYAMBI JCC, GWAUNZA JCC, GARWE JCC, GOWORA JCC, HLATSHWAYO JCC, GUVAVA JCC and MAVANGIRA JCC

8 January 2015 and 23 November 2016 Constitutional Law-viz constitutional referral re section 24(2) of the Constitution.Constitutional Law-viz constitutionality of statutory provisions re Criminal Law (Codification and ...

CC16-19 : PERFECT NYATHI vs THE STATE
Ruled By: MALABA CJ, GARWE JCC, MAKARAU JCC, GOWORA JCC, HLATSHWAYO JCC, PATEL JCC, GUVAVA JCC, MAVANGIRA JCC and BERE JCC

17 July 2019 Constitutional Law-viz constitutional referral re section 175 of the Constitution.Administrative Law-viz the presumption of validity of advice given in the ...

CC16-17 : PETROS MAKAZA and GOLDEN NHIKA and KHUMBUZO GUMBO and SYDNEY NDACHENGEDZWA vs THE STATE
Ruled By: CHIDYAUSIKU CJ, ZIYAMBI JCC, GWAUNZA JCC, GARWE JCC, GOWORA JCC, HLATSHWAYO JCC, MAVANGIRA AJCC, CHIWESHE AJCC, MAKONI AJCC

2 July 2014 and 19 July 2017 Constitutional Law-viz constitutional referral re section 24(2) of the Constitution.Constitutional Law-viz constitutional rights re permanent stay of criminal proceedings.Procedural Law-viz ...

Appealed
CC15-19 : THOUSAND SADZIWANI vs NATPAK (PRIVATE) LIMITED and THE ATTORNEY-GENERAL and NATIONAL FOODS LIMITED
Ruled By: MALABA CJ and GOWORA JCC and HLATSHWAYO JCC

12 February and 20 August 2019 Constitutional Law-viz constitutional application re leave for direct access to the Constitutional Court iro section 167 of the Constitution.Constitutional Law-viz ...

CC15-17 : JONATHAN MOYO vs SERGEANT CHACHA and ZIMBABWE ANTI-CORRUPTION COMMISSION and COMMISSIONER GENERAL OF POLICE, ZIMBABWE REPUBLIC POLICE and PROSECUTOR GENERAL
Ruled By: CHIDYAUSIKU CJ

4 November 2016 Procedural Law-viz chamber application.Procedural Law-viz final orders re consent order.Procedural Law-viz final orders re order by consent.Procedural Law-viz cause of ...

CC15-16 : BONIFACE MAGURURE and 63 OTHERS vs CARGO CARRIERS INTERNATIONAL HAULIERS (PVT) LTD T/A SABOT
Ruled By: CHIDYAUSIKU CJ, MALABA DCJ, ZIYAMBI JCC, GWAUNZA JCC, GARWE JCC, GOWORA JCC, HLATSHWAYO JCC, GUVAVA JCC and MAVANGIRA JCC

14 July 2014 and 16 Novemeber 2016 Constitutional Law-viz constitutional application re section 85(1)(a) of the Constitution.Labour Law-viz unfair labour practices re section 65(1) of the Constitution.Constitutional ...

CC14-20 : HILTON CHIRONGA and RASHID MAHIYA vs MINISTER OF JUSTICE, LEGAL & PARLIAMENTARY AFFAIRS and MINISTER OF HOME AFFAIRS and MINISTER OF DEFENCE and GOVERNMENT OF ZIMBABWE
Ruled By: MALABA DCJ, ZIYAMBI JCC, GWAUNZA JCC, GARWE JCC, GOWORA JCC, HLATHSWAYO JCC, PATEL JCC, BHUNU JCC and UCHENA JCC

13 January 2016 and 23 September 2020 Constitutional Law-viz Parliament re powers of Parliament to legislate iro the rule of law.Constitutional Law-viz Parliament re legislative powers of ...

CC14-19 : GARIKAI KAMANGA vs PRINCE EDWARD SCHOOL – SDA
Ruled By: MALABA CJ and GARWE JCC and MAKARAU JCC

20 November 2018 and 20 August 2019 Constitutional Law-viz leave for direct access to the Constitutional Court re section 167 of the Constitution.Procedural Law-viz rules of court ...

CC14-16 : FUNGAYI MAJOME vs ZIMBABWE BROADCASTING CORPORATION and MINISTER OF MEDIA, INFORMATION AND PUBLICITY and THE ATTORNEY GENERAL OF ZIMBABWE
Ruled By: MALABA DCJ, ZIYAMBI JCC, GWAUNZA JCC, GARWE JCC, GOWORA JCC, HLATSHWAYO JCC, PATEL JCC, GUVAVA JCC and MAVANGIRA AJCC

14 November 2014 and 9 November 2016 Constitutional Law-viz constitutional application re section 85(1)(a) of the Constitution.Administrative Law-viz administrative action re constitutional right to administrative justice.Constitutional Law-viz ...

CC13-21 : ZIMBABWE WOMEN LAWYERS ASSOCIATION vs THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS and OTHERS
Ruled By: GARWE JCC, MAKARAU JCC and GOWORA JCC

13 July 2021 and 9 December 2021 Constitutional Law-viz constitutional application re direct access iro section 167 of the Constitution.Constitutional Law-viz constitutional application re direct access iro ...

Appealed
CC13-19 : VENGESAI CHIRASHA vs NATIONAL FOODS LIMITED and ANTI-CORRUPTION COMMISSION and JUDICIAL SERVICE COMMISSION
Ruled By: MALABA CJ and PATEL JCC and GUVAVA JCC

28 November 2018 and 20 August 2019 Constitutional Law-viz leave for direct access to the Constitutional Court re section 167 of the Constitution.Constitutional Law-viz leave for ...

CC13-17 : IN RE: PROSECUTOR-GENERAL OF ZIMBABWE ON HIS CONSTITUTIONAL INDEPENDENCE AND PROTECTION FROM DIRECTION AND CONTROL vs x
Ruled By: CHIDYAUSIKU CJ, ZIYAMBI JCC, GWAUNZA JCC, GARWE JCC, GOWORA JCC, HLATSHWAYO JCC, PATEL JCC, MAVANGIRA JCC and UCHENA JCC

28 October 2015 Procedural Law-viz contempt of court re civil imprisonment.Legal Practitioners-viz right of audience before the courts re deregistration iro de-registration by ...

CC13-16 : LIVERA TRADING (PRIVATE) LIMITED and SIMON RUDLAND and SARAH RUDLAND vs TORNBRIDGE ASSETS LTD and CUT RAG PROCESSORS (PVT) LTD and THE SHERIFF OF THE HIGH COURT N.O.
Ruled By: ZIYAMBI JCC

3 October and 17 October 2016 Procedural Law-viz appeal re leave to appeal iro Rule 32(12).Procedural Law-viz rules of court re Constitutional Court Rules iro Rule ...

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