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Civil Cases

SC28-14 : SITWELL GUMBO vs PORTICULLIS (PVT) LTD T/A FINANCIAL CLEARING BUREAU
Ruled By: GWAUNZA JA

9 December 2013 Procedural Law-viz default judgment re unopposed proceedings iro failure to file opposing papers.Procedural Law-viz chamber application re Rule 5 of ...

SC28-13 : JENA MINES (PVT) LTD vs AMTEC (PVT) LTD
Ruled By: ZIYAMBI JA, GARWE JA and OMERJEE AJA

27 March 2012 and 24 June 2013 Law of Contract-viz specific performance re specific performance ex contractu.Law of Contract-viz purchase and sale re quotation.Law of Contract-viz purchase ...

Appealed
SC28-10 : JONATHAN MOYO and MOSES NDLOVU and PATRICK DUBE and SIYABONGA NCUBE vs AUSTIN ZVOMA N.O., CLERK OF PARLIAMENT and LOVEMORE MOYO
Ruled By: CHIDYAUSIKU CJ, MALABA DCJ, SANDURA JA, ZIYAMBI JA and GARWE JA

21 September 2010 and 10 March 2011 Procedural Law-viz citation re party acting in an official capacity iro nominus officiae.Constitutional Law-viz Parliamentary proceedings re election of Speaker ...

SC28-09 : NYASHA CHIKAFU vs DODHILL (PRIVATE) LIMITED AND SIMON DONALD KEEVIL AND ANOTHER
Ruled By: CHIDYAUSIKU CJ

May 7, 2009 Land Acquisition-viz locus standi re illegal occupation.Procedural Law-viz appeals re leave to appeal against provisional order iro application for leave ...

SC27-21 : HONEST CHAPANGURA and OTHERS vs KWEKWE CITY COUNCIL and DELIWE MAKOTA
Ruled By: GWAUNZA DCJ, GUVAVA JA and UCHENA JA

14 July 2020 and 1 April 2021 Labour Law-viz contract of employment re transfer of employees iro section 16 of the Labour Act [Chapter 28:01].Labour Law-viz employment ...

SC27-19 : SYNOHYDRO ZIMBABWE (PVT) LTD vs TOWNSEND ENTERPRISES (PVT) LTD and DAVID WHATMAN N.O. and THE SHERIFF OF ZIMBABWE N.O.
Ruled By: MAKARAU JA

18 and 28 February 2019 Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz urgent chamber application re stay of execution iro Rule ...

SC27-18 : GETRUDE MUTASA and DIDYMUS MUTASA vs THE REGISTRAR OF SUPREME COURT and NYAKUTOMBWA MUGABE LEGAL COUNSEL and SHERIFF OF ZIMBABWE
Ruled By: GUVAVA JA

14 February 2018 and 14 May 2018 Procedural Law-viz judicial order re stay of execution.Procedural Law-viz final orders re enforcement of court orders iro judicial attachment.Procedural Law-viz ...

SC27-17 : PHILLIP NDLOVU N.O. vs COMMERCIAL BANK OF ZIMBABWE and THE REGISTRAR OF DEEDS
Ruled By: GWAUNZA JA, MAVANGIRA JA and UCHENA JA

25 and 26 July 2016 and 3 April 2017 Procedural Law-viz citation re party acting in an official capacity.Insolvency Law-viz winding up re ranking of creditors by the liquidator.Administrative ...

SC27-15 : THE ZIMBABWE BATA SHOE COMPANY LIMITED vs THE CHAIRMAN, NEC FOR THE LEATHER INDUSTRY and ZIMBABWE LEATHER AND ALLIED WORKERS UNION
Ruled By: GWAUNZA JA, GUVAVA JA and MAVANGIRA AJA

16 February 2015 Procedural Law-viz review re labour proceedings iro voluntary arbitration.Labour Law-viz collective bargaining agreements.Law of Contract-viz dispute resolution re referral to ...

Appealed
SC27-14 : WYNINA (PVT) LTD vs MBCA BANK LIMITED
Ruled By: GARWE JA, GOWORA JA and OMERJEE AJA

17 January 2012 and 28 March 2014 Banking Law-viz quasi fiscal operations of the Central Bank.Law of Delict-viz negligence re professional negligence.Procedural Law-viz cause of action re ...

SC27-13 : SHECKEM BARRISTER NGAZIMBI vs MUROWA DIAMONDS (PVT) LTD
Ruled By: MALABA DCJ, ZIYAMBI JA and OMERJEE AJA

14 February 2012 and 24 June 2013 Labour Law-viz employment contract re termination.Labour Law-viz contract of employment re termination.Procedural Law-viz appeal re labour proceedings iro notice of ...

SC27-12 : ASTRA INDUSTRIES LIMITED vs PETER CHAMBURUKA
Ruled By: ZIYAMBI JA, GARWE JA and OMERJEE AJA

11 June and 19 July 2012 Labour Law-viz employment contract re termination iro misconduct.Procedural Law-viz rules of evidence re admissions.Labour Law-viz discipline re disciplinary hearing iro ...

SC27-09 : CLAUDIUS MURAWO vs GRAIN MARKETING BOARD
Ruled By: SANDURA JA, CHEDA JA and GWAUNZA JA

22 January 2008 and 11 May 2009 Procedural Law-viz rules of evidence re documentary evidence.Labour Law-viz employment contract re termination iro misconduct proceedings.Labour Law-viz labour hearings re ...

Appealed
SC27-08 : JOSHUA KADENGU and LAMECK KADENGU and ROSA KADENGU vs OLGA KADENGU and RICHARD CHIMBARI and MASTER OF THE HIGH COURT
Ruled By: SANDURA JA, ZIYAMBI JA and GARWE JA

5 May 2008 and 19 January 2009 Estate Law-viz rights of beneficiaries re testate succession.Estate Law-viz appointment of executor re testate appointment.Estate Law-viz removal of executor re ...

SC26-21 : JOSEPH LUNGU and OTHERS vs RESERVE BANK OF ZIMBABWE
Ruled By: GUVAVA JA, MAVANGIRA JA and MAKONI JA

12 June 2020 and 1 April 2021 Law of Contract-viz animus contrahendi re the integration rule.Law of Contract-viz intent re the parole evidence rule.Labour Law-viz collective bargaining ...

SC26-19 : MWAMI MULIZI SIAMSIPA N.O. vs KUNGANDA FARM (PRIVATE) LIMITED
Ruled By: PATEL JA, BHUNU JA and BERE JA

24 January and 12 March 2019 Procedural Law-viz citation re party acting in an official capacity.Law of Property-viz vindicatory action re claim of right.Law of Property-viz ...

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SC26-18 : T. M. SUPERMARKETS (PRIVATE) LIMITED vs ITAYI NKOMO and THEMBINKOSI NYATHI and NICHOLAS KHUMBULA TSHILI
Ruled By: GARWE JA, GOWORA JA and BERE AJA

28 November 2016 and 8 May 2018 Labour Law-viz employment contract re variations of conditions of service iro payment of bonus.Labour Law-viz contract of employment re variations ...

SC26-17 : SECURITIES AND EXCHANGE COMMISSION OF ZIMBABWE vs PHIBION GWATIDZO N.O. and FIRST TRANSFER SECRETARIES (PRIVATE) LIMITED and MAST STOCK BROKERS PL and MASTER OF THE HIGH COURT N.O.
Ruled By: GWAUNZA JA, HLATSHWAYO JA and MAVANGIRA AJA

4 July 2014 and 14 March 2017 Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz ex tempore judgment re entitlement to written reasons for ...

SC26-16 : RITENOTE PRINTERS (PRIVATE) LIMITED and JOHN KANOKANGA vs A. ADAM & COMPANY (PRIVATE) LIMITED
Ruled By: GARWE JA, HLATSHWAYO JA and GUVAVA JA

13 March 2015 and 6 April 2016 Damages-viz delictual damages re negligence iro unlawful eviction.Law of Delict-viz malicious execution against property re unlawful eviction.Procedural Law-viz appeal re ...

SC26-15 : KIEV CHAMBOKO vs DOROWA MINERALS LIMITED
Ruled By: MALABA DCJ

7 November 2011 and 4 June 2015 Procedural Law-viz appeal re leave to appeal iro labour proceedings.Labour Law-viz contract of employment re termination.Procedural Law-viz default judgment re ...

SC26-14 : FOLLY CORNISHE PL and JOHN HAMPHREYS vs SHINGIRAYI TAPOMWA N.O. and ESTATE LATE MISHECK TAPOMWA and T.E. MUDAMBANUKI and MANSTEBO & COMPANY and ADMIRE RUBAYA and THE REGISTRAR OF DEEDS
Ruled By: ZIYAMBI JA, GARWE JA and OMERJEE AJA

12 November 2012 and 28 March 2014 Procedural Law-viz citation re party acting in an official capacity.Law of Property-viz proof of title to immovable property re registered ...

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SC26-13 : SHADRECK MOYO & 13 OTHERS vs J .L. HOFFMAN and CENTRAL AFRICAN BATTERIES (PRIVATE) LIMITED
Ruled By: MALABA DCJ, ZIYAMBI JA and OMERJEE AJA

17 September 2012 and 19 June 2013 Labour Law-viz suspension of an employee re section 3(1)(a) of the Labour Relations (General Conditions of Employment) (Termination of Employment) ...

SC26-12 : CHIKOMBA RURAL DISTRICT COUNCIL vs HERBERT PASIPANODYA
Ruled By: GARWE JA, GOWORA JA and OMERJEE AJA

29 May and 26 June 2012 Labour Law-viz employment contract re termination.Labour Law-viz contract of employment re termination.Labour Law-viz suspension of an employee re section 4 ...

SC26-09 : BARCLAYS BANK OF ZIMBABWE LIMITED vs FORTUNE NCUBE
Ruled By: SANDURA JA, ZIYAMBI JA and GARWE JA

October 16, 2007 & May 12, 2009 Labour Law-viz noting appeal to employment council out of time.Procedural Law-viz appeals re noting appeal to Employment Counci out ...

SC25-22 : ELLIOT RODGERS vs PUWAYI CHIUTSI and TENDAYI MASHAMHANDA and REGISTRAR OF DEEDS and SHERIFF OF ZIMBABWE and BARIADE INVESTMENTS PL and LAW SOCIETY OF ZIMBABWE
Ruled By: GWAUNZA DCJ, GUVAVA JA and BHUNU JA

16 and 17 September 2021 and 15 February 2022 Procedural Law-viz consolidation of matters.Procedural Law-viz joinder of actions.Procedural Law-viz cause of action re failure to file opposing papers iro ...

SC25-17 : DR NOBERT KUNONGA vs THE CHURCH OF THE PROVINCE OF CENTRAL AFRICA
Ruled By: ZIYAMBI JA, GARWE JA and BHUNU JA

12 May 2016 and 17 March 2017 Procedural Law-viz Stated Case proceedings.Canon Law-viz factionalism.Law of Property-viz res litigiosa re disposal of disputed assets.Damages-viz delictual damages.Procedural Law-viz appeal ...

SC25-16 : EUNICE MADONDO vs CONQUIP ZIMBABWE (PRIVATE) LIMITED
Ruled By: MALABA DCJ, GWAUNZA JA and PATEL JA

18 May 2015 Labour Law-viz employment contract re suspension of an employee.Labour Law-viz contract of employment re termination iro resignation.Labour Law-viz employment contract ...

SC25-15 : GWERU WATER WORKERS' COMMITTEE vs CITY OF GWERU
Ruled By: MALABA DCJ, GARWE JA and HLATSHWAYO JA

29 September 2014 Procedural Law-viz locus standi re voluntary association iro universitas personarum.Procedural Law-viz final orders re rescission of a final order iro ...

SC25-14 : DAVID GOVERE vs ORDECO (PRIVATE) LIMITED and REGISTRAR OF DEEDS
Ruled By: ZIYAMBI JA, HLATSHWAYO JA and PATEL JA

23 September 2013 Company Law-viz lifting the corporate veil re personal liability of directors for debts of a company iro section 318 of ...

SC25-13 : ZIMBABWE TOBACCO ASSOCIATION vs MINISTER OF LANDS AND RURAL RESETTLEMENT
Ruled By: ZIYAMBI JA, GARWE JA and OMERJEE AJA

24 September 2012 and 17 June 2013 Land Acquisition-viz compulsory acquisition re farmland.Procedural Law-viz pleadings re non-pleaded issues iro new issues raised for the first time in ...

Appealed
SC25-12 : MINING INDUSTRY PENSION FUND vs DAB MARKETING (PRIVATE) LIMITED
Ruled By: ZIYAMBI JA, GARWE JA and MAKARAU JA

6 March and 8 August 2012 Procedural Law-viz civil appeal re cross-appeal.Law of Property-viz lease agreement re maintenance of leased premises.Law of Property-viz agreement of lease ...

SC25-11 : KDB HOLDINGS (PVT) LTD vs MEDICINES CONTROL AUTHORITY OF ZIMBABWE
Ruled By: GARWE JA, CHEDA AJA and OMERJEE AJA

4 October 2005 and 15 November 2011 Procedural Law-viz civil appeal re findings of fact made by the trial court.Administrative Law-viz administrative discretion.Procedural Law-viz rules of construction ...

SC25-09 : AIDAN BECKFORD vs ELIZABETH BECKFORD
Ruled By: SANDURA JA, ZIYAMBI JA and GWAUNZA JA

26 November 2007 and 27 April 2009 Procedural Law-viz appeal re leave to lead further evidence on appeal.Procedural Law-viz appeal re findings of fact made by the ...

Appealed
SC24-21 : BIG VALLEY MASTERS (PRIVATE) LIMITED vs SHI JINWU
Ruled By: GWAUNZA DCJ, GUVAVA JA and MAVANGIRA JA

29 January 2018 and 1 April 2021 Company Law-viz partnership re joint ventures.Law of Contract-viz consensus ad idem iro conditions precedent.Law of Contract-viz consensus ad idem re ...

SC24-17 : MARVELLOUS TARUWONA vs COBRA SECURITY (PRIVATE) LIMITED and MISHECK ZVARIVADZA and TAPSON MADZIVIRE
Ruled By: GOWORA JA

21 August 2012 and 20 March 2017 Procedural Law-viz final orders re reasons for judgment iro written reasons for judgment.Procedural Law-viz appeal re lapsing of an appeal ...

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SC24-16 : GUARDFORCE INVESTMENTS (PRIVATE) LIMITED vs SIBONGILE NDLOVU and THE REGISTRAR OF DEEDS N.O. and THE DEPUTY SHERIFF
Ruled By: CHIDYAUSIKU CJ, GOWORA JA and MUTEMA AJA

28 July 2014 and 31 May 2016 Procedural Law-viz final orders re dismissal of a matter for want of prosecution iro Rule 236(3).Procedural Law-viz rules of court ...

Appealed
SC24-15 : THE TRUSTEES OF THE LEONARD CHESHIRE HOMES ZIMBABWE CENTRAL TRUST vs ROBERT CHIITE and SEVEN OTHERS
Ruled By: MALABA DCJ, GARWE JA and MAVANGIRA AJA

9 February 2015 Law of Property-viz vindicatory action re claim of right.Law of Property-viz rei vindicatio re claim of right.Procedural Law-viz pleadings re ...

SC24-14 : KUNDAI MAGODORA AND OTHERS vs CARE INTERNATIONAL ZIMBABWE
Ruled By: MALABA DCJ, PATEL JA and GUVAVA JA

29 October 2013 and 25 March 2014 Labour Law-viz contract of employment re fixed term contracts.Labour Law-viz employment contract re fixed term contracts iro termination of a ...

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SC24-13 : VYVYAN JEAN MORONEY vs MICHAEL PATRICK MORONEY
Ruled By: GARWE JA, GOWORA JA and OMERJEE AJA

21 January and 31 October 2013 Family Law-viz division of the assets of the spouses re section 7(1) of the Matrimonial Causes Act [Chapter 5:13].Procedural Law-viz ...

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SC24-12 : EDWARD GARDNER vs DAMPIER DEVELOPMEMT PL and V MHANGAMI and KDS MHANGAMI and EXPORT CREDIT GUARANTEE CORPORATION PL and REGISTRAR OF DEEDS
Ruled By: MALABA DCJ, ZIYAMBI JA and GARWE JA

May 21, 2012 Law of Contract-viz specific performance re specific performance ex contractu.Law of Property-viz res litigiosa.Law of Property-viz vindicatory action re claim ...

SC24-11 : MARY NYAMUTATA vs JOHN CHIKOMO and ARIMANDO BREAD and EPWORTH LOCAL BOARD
Ruled By: MALABA DCJ, ZIYAMBI JA and CHEDA AJA

11 October 2011 Law of Property-viz double sale.Procedural Law-viz service of court process re person upon whom service is effected.Procedural Law-viz locus standi ...

Appealed
SC23-19 : SERGEANT KHAUYEZA vs THE TRIAL OFFICER and THE COMMISSIONER - GENERAL OF POLICE
Ruled By: PATEL JA, BHUNU JA and BERE JA

25 January 2019 Procedural Law-viz final orders re ex tempore judgment.Procedural Law-viz urgent chamber application re stay of execution.Procedural Law-viz provisional order re ...

Appealed
SC23-18 : STANDARD CHARTERED BANK ZIMBABWE LIMITED vs ZIMBABWE REVENUE AUTHORITY
Ruled By: GUVAVA JA, MAVANGIRA JA and ZIYAMBI AJA

22 May 2017 and 20 March 2018 Tax Law-viz allowable deductions re staff costs iro section 15(2)(a) of the Income Tax Act [Chapter 23:06].Tax Law-viz taxable income ...

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SC23-15 : OK ZIMBABWE LIMITED vs ERIC MSUNDIRE
Ruled By: ZIYAMBI JA, GARWE JA and HLATSHWAYO JA

16 July 2013 Law of Delict-viz malicious arrest re unlawful arrest.Law of Delict-viz malicious detention.Law of Contract-viz indemnification clause.Procedural Law-viz appeal re findings ...

SC23-14 : THE ATTORNEY GENERAL vs ALEC MUCHADEHAMA and CONSTANCE GAMBARA
Ruled By: MALABA DCJ

15 February 2012 and 20 March 2014 Procedural Law-viz appeal re leave to appeal iro approach.Procedural Law-viz appeal re right of appeal against a refusal of leave ...

SC23-12 : MIMOSA MINING COMPANY vs STANLEY SAMUKANGE
Ruled By: MALABA DCJ, GOWORA JA and OMERJEE AJA

14 May 2012 Labour Law-viz contract of employment re termination.Labour Law-viz employment contract re termination.Procedural Law-viz civil appeal re labour proceedings.Procedural Law-viz civil ...

SC23-11 : MUKUNDI PLASTICS (PVT) LTD vs ELIJAH CHASEKWA and THIRTEEN OTHERS
Ruled By: ZIYAMBI JA, GARWE JA and OMERJEE AJA

4 July and 27 September 2011 Labour Law-viz retrenchment.Labour Law-viz retrenchment re section 12C of the Labour Act.Labour Law-viz labour arbitration re section 93 of the ...

SC23-09 : ZIMPOST (PRIVATE) LIMITED vs COMMUNICATIONS AND ALLIED WORKERS' UNION
Ruled By: CHEDA JA, ZIYAMBI JA and MALABA JA

11 February 2008 and 19 May 2009 Labour Law-viz discipline re termination of employment contract iro misconduct proceedings.Labour Law-viz disciplinary hearings re dismissible acts of misconduct iro ...

Appealed
SC22-22 : EZEKIEL CHINOINGIRA vs SABRE SERVICES (PVT) LTD and BALWEARIE HOLDINGS (PVT) LTD
Ruled By: BHUNU JA, CHIWESHE JA and MWAYERA JA

18 November 2021 Procedural Law-viz final orders re ex tempore judgment iro entitlement of litigating parties to written reasons for judgment.Procedural Law-viz citation ...

SC22-21 : STONEWELL SEARCHES (PVT) LTD vs STONE HOLDINGS (PVT) LTD and MUTOKO CONSORTIUM and MOSES CHINHENGO N.O.
Ruled By: GUVAVA JA, UCHENA JA and MAKONI JA

8 September 2020 and 26 March 2020 Procedural Law-viz citation re party acting in an official capacity iro nominee officii.Procedural Law-viz citation re party acting in an ...

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