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Civil Cases

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 ...

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 iro nominee officii.Procedural Law-viz citation re party acting in an ...

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 ...

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