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Civil Cases

HB115-14 : NICOLE MPOFU vs NHLABATHI N.O. (In his capacity and the Executor dative of the Estate late Hedwick Mpofu) and ADMIRE MPOFU and OTHERS
Ruled By: MAKONESE J

15 May and 17 July 2014 Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz condonation re late filing of review application.Procedural Law-viz review ...

HB115-10 : GORDON TUNDURE vs NKOSIKHONA NCUBE and D. MOYO
Ruled By: KAMOCHA J

29 September 2010 Procedural Law-viz exception.Procedural Law-viz special plea.Procedural Law-viz prescription.Procedural Law-viz prescription re judicial interruption iro service of summons.Procedural Law-viz prescription re ...

HB115-09 : TASMINE ENTERPRISES P/L vs ZIMBABWE REVENUE AUTHORITY
Ruled By: NDOU J

7 September and 5 November 2009 Procedural Law-viz interim interdict.Procedural Law-viz provisional order.Tax Law-viz Notice of Embargo re customs duty.Tax Law-viz Notice of Embargo re Customs ...

Appealed
HB114-16 : J.C. CONOLLY AND SONS (PVT) LTD vs R. C. NDHLUKULA and THE MINISTER OF LANDS AND RURAL RESETTLEMENT
Ruled By: MUSAKWA J

29 January and 28 April 2016 Procedural Law-viz final orders re confirmation of a provisional order.Procedural Law-viz final orders re discharge of an interim interdict.Land Acquisition-viz ...

HB114-14 : VIRIMAYI NYAMWIWA and ZEBRA MINING SYNDICATE vs GAMESTAR TRADING (PVT) LTD and MUSHLY INVESTMENTS and DEPUTY SHERIFF N.O and MINING COMMISSIONER
Ruled By: MAKONESE J

20 June 2014 and 17 July 2014 Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz judicial sale in execution.Procedural Law-viz rules of evidence re ...

HB114-10 : MARIA SINGO (Executive Dative of the Estate Late Phillimon Singo) vs ROSE SITHOLE (as the executrix dative of the estate late Ernest Phillip Sithole) and OTHERS
Ruled By: MATHONSI J

28 September 2010 and 30 September 2010 Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz pleadings re amendment to pleadings.Procedural Law-viz prescription.Law of Contract-viz ...

HB114-09 : DENNY NDABEZINHLE MASHENGELE vs JAMES NCUBE
Ruled By: NDOU J

23 October and 5 November 2009 Procedural Law-viz provisional order.Procedural Law-viz interim interdict.Procedural Law-viz declaratory order.Procedural Law-viz declaratory order re illegal retention of goods.Law of Delict-viz ...

HB113-10 : IN RE: SIMBARASHE CHIVAURA vs x
Ruled By: CHEDA J

20 July 2010 and 7 October 2010 Legal Practitioners-viz professional ethics re misconduct.Legal Practitioners-viz professional ethics re misconduct iro conduct in court.Legal Practitioners-viz pro deo assignments.Procedural Law-viz ...

HB113-09 : MADUMELANA IMPORT AND EXPORT (PVT) LTD vs WATSON MPOFU
Ruled By: NDOU J

19 June and 5 November 2009 Procedural Law-viz interim interdict.Procedural Law-viz provisional order.Law of Property-viz vindicatory action.Law of Property-viz rei vindicatio.Procedural Law-viz founding affidavit re authority ...

HB112-16 : ZIMBABWE REVENUE AUTHORITY vs SIKHANYISIWE MPOFU and CHRISTIAN NDLOVU and T. TASHAYA N.O.
Ruled By: MATHONSI J

15 and 21 April 2016 Procedural Law-viz urgent chamber application re stay of execution.Procedural Law-viz service of court proceedings re proof of service iro the ...

HB112-14 : KEMBO MOHADI and OTHERS vs BARBRA LUNGA (in her capacity as the Provisional Liquidator of NERRY INVESTMENTS (PVT) LTD) and CBZ BANK
Ruled By: TAKUVA J

27 March and 24 July 2014 Procedural Law-viz condonation re late filing of opposing papers.Procedural Law-viz urgent chamber application re ex parte iro Rule 242(2)(c).Procedural Law-viz ...

HB111-16 : KURONDA SAFARIS (PVT) LTD vs AMANDA WATSON and THE SHERIFF OF ZIMBABWE
Ruled By: MATHONSI J

15 April 2016 Procedural Law-viz urgent chamber application.Procedural Law-viz provisional order re interim relief overriding an extant court order.Procedural Law-viz interim interdict re ...

HB111-11 : CHRISTOPHER MOYO vs OBERT CHINHAMO
Ruled By: MATHONSI J

18 August 2011 and 25 August 2011 Law of Property-viz passing of ownership re subdivided land iro the Regional Town and Country Planning Act [Chapter 29:12].Law of ...

HB110-16 : FELIX SANGU vs COMMISSIONER GENERAL OF POLICE and THE BOARD OF SUITABILITY and CHIEF SUPERINTENDENT MBENGWA
Ruled By: MATHONSI J

14 April and 21 April 2016 Procedural Law-viz urgent chamber application re stay of execution.Labour Law-viz public service re police force.Procedural Law-viz provisional order re interim ...

HB110-11 : JOHN PERCIVAL BAWDEN vs THULANI NDEBELE and SIKHUMBUZO MPOFU
Ruled By: CHEDA J

28 July 2011 and 15 September 2011 Procedural Law-viz declaratory order.Procedural Law-viz declaratur.Law of Property-viz spoliation order.Law of Property-viz mandament van spolie.Procedural Law-viz founding affidavit re deponent ...

HB110-10 : HIGHLANDERS FC vs DYNAMOS FC and PREMIER SOCCER LEAGUE and BANC ABC (PRVIATE) LIMITED and CUTHBERT CHITIMA and DON MOYO, Chairman, Ad Hoc Arbitrators Committee and KENNEDY NDEBELE, PSL, C.E.O
Ruled By: NDOU J

17, 21 and 23 September 2010 Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz urgent chamber application.Procedural Law-viz urgent chamber application re provisional ...

HB110-09 : EDGARS STORE LIMITED vs RAMSON (PVT) LTD and BHIMJI INVESTMENTS (PVT)LTD and THE MESSENGER OF COURT, HARARE
Ruled By: NDOU J

19 and 23 October and 5 November 2009 Procedural Law-viz provisional order re urgent chamber application.Procedural Law-viz urgent chamber application re interim interdict.Procedural Law-viz urgent chamber application re ...

HB11-15 : CHARITY GONYORA (In her application for the guardianship of Clifford Mayizoni Mwale ) vs X
Ruled By: MUTEMA J

29 January 2015 Procedural Law-viz review.Family Law-viz guardianship re minors.Procedural Law-viz rules of evidence re onus iro burden of proof.Procedural Law-viz rules of ...

HB11-13 : ROBERT F. BADDELEY vs LAWRENCE CLEMINSON
Ruled By: NDOU J

25 October 2012 and 24 January 2013 Procedural Law-viz contempt of court re civil imprisonment.Procedural Law-viz final orders re writ of execution iro nulla bona return.Procedural Law-viz ...

HB11-10 : GORDON SPENCER and GARY BROWN vs THE MINISTER OF LANDS, LAND RESETTLEMENT AND RESETTLEMENT and THE CHIEF LANDS OFFICER, BULILIMA and MS R. BHEBHE
Ruled By: KAMOCHA J

25 January and 3 and 25 February 2010 Procedural Law-viz urgent chamber application.Land Acquisition-viz compulsory acquisition re farmland.Land Acquisition-viz compulsory acquisition re farmland iro section 16B(2)(a)(ii) of the ...

HB11-09 : CATHERINE NDLOVU and ESTATE LATE MELODY MABHENA Duly represented by CATHERINE NDLOVU N.O. As Executrix Dative vs MALUNJWA NKOMO and REGISTRAR OF DEEDS N.O.
Ruled By: CHEDA J

30 November 2007 and 29 January 2009 Procedural Law-viz final order re variation of order.Procedural Law-viz final order re setting aside of final order.Procedural Law-viz final order ...

HB109-16 : EDSON MUDZINGWA vs SUSAN CHITANDO MAPANZURE and REGISTRAR OF DEEDS (HARARE) N.O.
Ruled By: MATHONSI J

13 April and 14 April 2016 Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz urgent chamber application re interim interdict pendente lite.Law of ...

HB108-16 : NELSON MANGENA vs EDGARS STORES LIMITED and MESSENGER OF COURT, HWANGE
Ruled By: MATHONSI J

13 April and 14 April 2016 Procedural Law-viz urgent chamber application.Law of Property-viz spoliation order re eviction iro lease agreement.Law of Property-viz mandament van spolie re ...

HB108-14 : ELIPHAS KAWA vs VICTOR MUZENDA and THE ASSISTANT MASTER OF THE HIGH COURT and THE REGISTRAR OF DEEDS and VICTOR MUZENDA N.O. and ZEXCOM (PVT) LTD
Ruled By: TAKUVA J

6 May and 17 July 2014 Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz urgent chamber application re leave to execute pending appeal.Procedural ...

HB107-16 : MUNETSI BLESSING MASEDEWE vs MANYARA MASEDEWE
Ruled By: BERE J

2 February and 8 April 2016 Procedural Law-viz urgent chamber application re stay of execution.Procedural Law-viz provisional order re interim interdict pendente lite.Family Law-viz maintenance re ...

HB107-14 : SITHEMBINKOSI DUBE vs SIMANGELE DUBE and RING DUBE and THE ASSISTANT MASTER N.O.
Ruled By: MOYO J

4 June and 10 June 2014 Estate Law-viz rights of beneficiaries re testate succession iro validity of a Will.Procedural Law-viz disputes of fact re material dispute ...

HB107-11 : JOYLEN INVESTMENTS (PVT) L TD vs SNAPPY SPORTS BAR and INNOCENT WINSTON BABBAGE
Ruled By: CHEDA J

24 June 2011 and 15 September 2011 Procedural Law-viz special plea.Procedural Law-viz special plea re exception.Law of Contract-viz debt re debt security iro surety.Law of Contract-viz debt ...

HB107-09 : HONOURED NCUBE vs MILTON NCUBE and ELIZABETH NCUBE
Ruled By: NDOU J

30 September and 29 October 2009 Procedural Law-viz provisional order re application for dismissal iro want of prosecution.Procedural Law-viz interim interdict re application for dismissal iro ...

HB106-16 : RAPHAEL MASUKU and SICINGILE MASUKU vs SHERIFF OF ZIMBABWE and THERESA BELL and STANLEY NAZOMBE
Ruled By: TAKUVA J

22 February and 14 March 2016 Procedural Law-viz condonation.Procedural Law-viz judicial sale in execution re Rule 356.Law of Contract-viz barter trading.Procedural Law-viz rules of court re ...

HB106-14 : MIRIRAI SHUMBA vs MINISTER OF JUSTICE AND LEGAL AFFAIRS and THE DIRECTOR OF PUBLIC PROSECUTIONS and THE ATTORNEY GENERAL'S OFFICE CIVIL DIVISION
Ruled By: MOYO J

4 June and 10 June 2014 Labour Law-viz transfer of an employee.Administrative Law-viz administrative decision re section 3 of the Administrative Justice Act [Chapter 10:28].Procedural Law-viz ...

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 ...

View Appeal
HB102-22 : EXMIN SYNDICATE vs LUKE DUBE and THE PROVINCIAL MINING DIRECTOR, MATABELELAND SOUTH N.O. and OTHERS
Ruled By: MAKONESE J

24 March and 31 March 2022 Procedural Law-viz pleadings re multiple litigation iro cross-referencing.Procedural Law-viz pleadings re inter-related proceedings iro cross referencing.Procedural Law-viz citation re legal ...

View Appeal
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 ...

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