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Civil Cases

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SC22-18 : J.C. CONOLLY AND SONS (PRIVATE) LIMITED vs R.C. NDHLUKULA and THE MINISTER OF LANDS AND RURAL RESETTLEMENT
Ruled By: GARWE JA, HLATSHWAYO JA and GUVAVA JA

31 July 2017 and 15 March 2018 Procedural Law-viz final orders re confirmation of an interim interdict.Procedural Law-viz final orders re discharge of a provisional order.Procedural Law-viz ...

SC22-17 : EDWARD MISIHAIRAMBWI and 14 OTHERS vs AFRICARE ZIMBABWE
Ruled By: ZIYAMBI JA, BHUNU JA and UCHENA JA

5 July 2016 Procedural Law-viz labour arbitration re grounds of appeal iro points of law.Procedural Law-viz labour appeal re points of law iro ...

SC22-16 : MICHEAL HENRY BROWNE vs TANGANDA TEA COMPANY
Ruled By: ZIYAMBI JA, GWAUNZA JA, PATEL JA

16 November 2015 and 24 May 2016 Labour Law-viz disciplinary hearings re constitution of disciplinary tribunal.Labour Law-viz employment contract re termination iro gross negligence.Procedural Law-viz prescription re ...

Appealed
SC22-15 : ZIMCOR TRUSTEES LIMITED and BOKA INVESTMENTS (PRIVATE) LIMITED and MATTHEW BOKA vs WEBSTER TONGOONA RUSHESHA AND OTHERS
Ruled By: MALABA DCJ, GARWE JA and PATEL JA

6 November 2014 and 18 May 2015 Procedural Law-viz consolidation of matters.Procedural Law-viz citation re minors.Company Law-viz shareholding re share transactions iro disposal of corporate assets.Company Law-viz ...

SC22-14 : MILDRED MAPINGURE vs MINISTER OF HOME AFFAIRS and MINISTER OF HEALTH AND CHILD WELFARE and MINISTER OF JUSTICE LEGAL AND PARLIAMENTARY AFFAIRS
Ruled By: GARWE JA, GOWORA JA and PATEL JA

28 May 2013 and 25 March 2014 Procedural Law-viz default judgment re failure to file a plea.Procedural Law-viz automatic bar re failure to file a plea.Law of ...

SC22-13 : FARM COMMUNITY TRUST vs CLAUDIOUS CHEMHERE
Ruled By: GARWE JA, GOWORA JA and OMERJEE AJA

3 July 2012 and 17 June 2013 Labour Law-viz employment contract re termination.Labour Law-viz contract of employment re termination.Labour Law-viz disciplinary hearing re the audi alteram partem ...

SC22-09 : MAXMUS SAVANHU vs MAGNET MARERE N.O. and MASTER OF THE HIGH COURT and THE REGISTRAR OF DEEDS
Ruled By: MALABA DCJ, CHEDA JA and GARWE JA

20 January and 18 May 2009 Procedural Law-viz citation re party acting in an official capacity iro nominee officii.Procedural Law-viz citation re party acting in an ...

SC21-21 : ZIMBABWE UNITED PASSENGER COMPANY vs BEAULAR MASHINGE
Ruled By: MAKARAU JA, GOWORA JA and BERE JA

25 September 2018 and 26 March 2021 Procedural Law-viz review re labour proceedings.Labour Law-viz discipline re misconduct proceedings iro review of disciplinary hearings.Labour Law-viz disciplinary hearings re ...

SC21-20 : ZB BANK LIMITED vs TIRIVANHU MARIMO
Ruled By: GWAUNZA DCJ, PATEL JA and BHUNU JA

20 July 2018 and 13 February 2020 Labour Law-viz discipline re disciplinary hearings iro unfair dismissal.Labour Law-viz employment contract re disclosure of confidential information iro the breach ...

Appealed
SC21-19 : RONALD BAKARI vs TOTAL ZIMBABWE (PRIVATE) LIMITED
Ruled By: GARWE JA, GUVAVA JA and BHUNU JA

24 January 2017 and 4 March 2019 Law of Contract-viz debt re debt security iro surety.Procedural Law-viz rules of evidence re evidence on behalf of a corporate ...

SC21-18 : EASTER MZITE (as Executrix Dative Estate Late Chemayi Joseph Mtize) vs DAMAFALLS INVESTMENTS (PVT) LTD and MASTER OF THE HIGH COURT
Ruled By: BHUNU JA

18 July 2016 Procedural Law-viz chamber application re condonation.Procedural Law-viz chamber application re extension of time within which to note an appeal.Procedural Law-viz ...

SC21-17 : THE PRESIDENT OF ZIMBABWE, ROBERT GABRIEL MUGABE (in his official capacity) and OTHERS vs MORGAN TSVANGIRAI (in his official capacity as Prime Minister of Zimbabwe and in his personal capacity)
Ruled By: CHIDYAUSIKU CJ

19 September 2012; Judgment Released on 26 February 2017 Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz appeal re leave to appeal iro Rule 30(c) of ...

SC21-16 : ZIMBABWE PLATINUM MINES (PRIVATE) LIMITED vs MARKO PHUTI
Ruled By: ZIYAMBI JA, HLATSHWAYO JA and PATEL JA

8 March 2016 Labour Law-viz employment contract re termination iro unsatisfactory work performance.Procedural Law-viz appeal re labour proceedings iro the principle that labour ...

SC21-15 : ROLAND WHITEHEAD vs REGISTRAR GENERAL OF CITIZENSHIP and CO-MINISTERS OF HOME AFFAIRS and MINISTER OF JUSTICE AND LEGAL AFFAIRS and ANOTHER
Ruled By: ZIYAMBI JA, GARWE JA and GUVAVA JA

13 September 2013 Constitutional Law-viz citizenship by birth re section 36 of the Constitution.Constitutional Law-viz dual citizenship re citizenship by birth iro section ...

Appealed
SC21-14 : FLEXIMAIL (PRIVATE) LIMITED vs GIFT BOB SAMANYAU AND THIRTY-EIGHT OTHERS
Ruled By: CHIDYAUSIKU CJ, MALABA DCJ, ZIYAMBI JA, GARWE JA and PATEL JA

11 September 2013 and 17 March 2014 Procedural Law-viz jurisdiction re labour proceedings.Procedural Law-viz jurisdiction re judicial deference.Procedural Law-viz directions of the court.Procedural Law-viz judicial directives.Legal Practitioners-viz ...

SC21-13 : AUGUSTINE M. TIRIVANGANA vs THE UNIVERSITY OF ZIMBABWE
Ruled By: GARWE JA, GOWORA JA and OMERJEE AJA

29 May 2012 and 17 June 2013 Labour Law-viz labour arbitration re compulsory arbitration.Labour Law-viz unfair labour practices re constructive dismissal.Labour Law-viz employment contract re termination iro ...

SC21-09 : ZIMBABWE EXPRESS SERVICES (PRIVATE) LIMITED vs NUANETSI RANCH (PRIVATE) LIMITED
Ruled By: ZIYAMBI JA, GWAUNZA JA and GARWE JA

27 November 2006 and 19 May 2009 Procedural Law-viz appeal re findings of fact made by the trial court.Procedural Law-viz rules of evidence re compellable witness.Procedural Law-viz ...

SC205-95 : MINERALS MARKETING CORP OF ZIMBABWE vs MAZVIMAVI
Ruled By: GUBBAY CJ, KORSAH JA and MUCHECHETERE JA

6 & 23 November 1995 Labour Law-viz code of conduct re disciplinary hearing vis composition of hearing committee iro original or appellate jurisdiction.Labour Law-viz ...

SC200-97 : MUWENGA vs PTC
Ruled By: GUBBAY CJ, KORSAH JA and MUCECHETERE JA

11 and 20 November 1997 Labour Law-viz employment contract re acting capacity.Labour Law-viz unfair labour practices re failure to appoint an employee from an acting ...

SC20-22 : NATIONAL SOCIAL SECURITY AUTHORITY vs HOUSING COOPERATION ZIMBABWE (PVT) LTD and PETER CARNEGIE LLOYD N.O.
Ruled By: MAVANGIRA JA, UCHENA JA and CHATUKUTA JA

13 September 2021 Procedural Law-viz citation re party acting in an official capacity iro nominee officii.Procedural Law-viz citation re party acting in an ...

SC20-21 : TIMOTHY MUYAMBO vs HORTBAC PL t/a LITTLE FLOWER ENTERPRISES and JAMES CHIYANGWA and RONALD KITULI and TENDAI BONGA and MINISTER OF LANDS, AGRICULTURE AND RURAL RESETTLEMENT
Ruled By: CHITAKUNYE AJA

21 October 2020 and 31 March 2021 Procedural Law-viz chamber application re joinder iro Rule 54 of the Supreme Court Rules.Procedural Law-viz citation re joinder iro Rule ...

SC20-19 : GRACE SHURO vs MOLLY CHIURAISE and CITY OF MASVINGO
Ruled By: GARWE JA, HLATSHWAYO JA and BHUNU JA

29 September 2017 and 22 February 2019 Law of Property-viz agreement of lease re termination iro lessee eviction.Law of Property-viz lease agreement re cancellation iro incidental possessors ...

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SC20-18 : VENGESAI CHIRASHA vs NATIONAL FOODS LIMITED
Ruled By: GARWE JA, GOWORA JA and HLATSHWAYO JA

26 July 2016 and 13 March 2018 Labour Law-viz labour arbitration re setting aside of arbitral award.Administrative Law-viz validity of advice given by officials in the course ...

Appealed
SC20-16 : ZIMBABWE POSTS (PRIVATE) LIMITED vs COMMUNICATION AND ALLIED SERVICES UNION
Ruled By: MALABA DCJ, GOWORA JA and HLATSHWAYO JA

1 July 2013 Procedural Law-viz final orders re procedural irregularities iro discretion of the court to dismiss a matter on account of procedural ...

Appealed
SC20-14 : H. J. VORSTER (PRIVATE) LIMITED vs SAVE VALLEY CONSERVANCY
Ruled By: ZIYAMBI JA, GWAUNZA JA and PATEL JA

27 January 2014 Procedural Law-viz condonation re late filing of an application for rescission of default judgment.Procedural Law-viz appeal re grounds of appeal ...

SC20-13 : ZIMBABWE ELECTRICITY TRANSMISSION AND DISTRIBUTION COMPANY vs IGNATIUS RUVINGA
Ruled By: ZIYAMBI JA, GARWEJA and OMERJEE AJA

12 November 2012 and 3 June 2013 Procedural Law-viz pleadings re pre-trial conference iro out of court settlement negotiations.Procedural Law-viz postponement of a matter.Procedural Law-viz pleadings re ...

Appealed
SC20-12 : ZIMBABWE OPEN UNIVERSITY vs GIDEON MAGARAMOMBE and DEPUTY SHERIFF HARARE N.O.
Ruled By: CHIDYAUSIKU CJ

22 February and 16 April 2012 Procedural Law-viz appeal re application for an appeal to be heard on an urgent basis.Procedural Law-viz citation re party acting ...

SC19-21 : CHEVHU HOUSING CO-OPERATIVE SOCIETY LIMITED AND OTHERS vs CREST BREEDERS INTERNATIONAL (PVT) LTD AND MINISTER OF LANDS AND RURAL SETTLEMENTS
Ruled By: BHUNU JA, MATHONSI JA and KUDYA AJA

9 November 2020 and 25 March 2021 Law of Property-viz proof of title re immovable property iro registered rights.Land Acquisition-viz urban development.Procedural Law-viz final orders re consent ...

SC19-19 : ZIMBABWE REVENUE AUTHORITY vs WARINGA INVESTMENTS (PRIVATE) LIMITED
Ruled By: GWAUNZA JA, MAKARAU JA and BHUNU JA

1 March 2018 and 22 February 2019 Tax Law-viz customs and excise duty re classification of goods.Tax Law-viz customs and excise duty re valuation of goods iro ...

SC19-16 : PATRICIA DARANGWA N. O. (Capacity as Executrix Dative of Estate Late Juliet Munjeri) vs ELLA MUNJERI and OLIVER NAKOMA (Capacity as Executor Dative of Estate Late Bookwet Munjeri) and OTHERS
Ruled By: UCHENA JA

11 February and 23 May 2016 Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz condonation re late noting of an appeal.Estate Law-viz rights ...

SC19-15 : FEXEN MPANSI and EDWARD DUBE and JABULANI DUBE and VINCENT DUBE and THOMAS MPANSI vs MORGAN DUBE and THE MASTER OF THE HIGH COURT and WILBERT NYAMUFUKUDZA N.O.
Ruled By: ZIYAMBI JA, GARWE JA and HLATSHWAYO JA

16 July 2013 and 21 April 2015 Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz final orders re correction of a final order iro ...

SC19-14 : DAVID TENDAYI MATIPANO vs GOLD DRIVEN INVESTMENTS (PRIVATE) LIMITED
Ruled By: MALABA DCJ, ZIYAMBI JA and GOWORA JA

29 November 2012 and 24 March 2014 Procedural Law-viz judicial sale in execution re commission payable to the Deputy Sheriff iro the High Court (Fees and Allowances) ...

SC19-13 : PORTLAND HOLDINGS LTD vs MINISTER OF SPECIAL AFFAIRS IN THE PRESIDENT'S OFFICE
Ruled By: ZIYAMBI JA, GOWORA JA and OMERJEE AJA

15 October 2012 and 3 June 2013 Land Acquisition-viz compulsory acquisition re farmland.Procedural Law-viz pleadings re withdrawal of proceedings iro tender of wasted costs.Procedural Law-viz rules of ...

SC19-12 : JAMESON RUSHWAYA and ANNIE RUSHWAYA and XELOD INVESTMENTS PL vs SWIMMING POOL & UNDERWATER REPAIRS PL and PATTERSON TIMBA and AEPROMM RESOURCES PL and TOLROSE INVESTMENTS PL
Ruled By: MALABA DCJ, ZIYAMBI JA and GOWORA AJA

23 January and 16 July 2012 Company Law-viz shareholding re share transactions.Law of Contract-viz Deed of Settlement re compromise agreement iro waiver.Mining-mining claims.Procedural Law-viz rules of ...

Appealed
SC188-20 : GERALD CHIGWADA vs PENELOPE CHIGWADA and SHEPHERD KUSADA N.O. and MASTER OF THE HIGH COURT
Ruled By: MALABA CJ, GARWE JA, MAKARAU JA, GOWORA JA and BERE JA

24 September 2018 and 28 December 2020 Procedural Law-viz citation re party acting in an official capacity iro nominus officiae.Family Law-viz division of the assets of the ...

SC180-20 : AIR ZIMBABWE (PRIVATE) LIMITED vs J.V. MATEKO and ELIJAH CHIRIPASI and OTHERS
Ruled By: GARWE JA, MAVANGIRA JA and MATHONSI JA

24 September 2019 and 7 December 2020 Labour Law-viz arbitration re confirmation of Labour Officer rulings iro section 93 of the Labour Act.Procedural Law-viz jurisdiction re labour ...

SC18-21 : A. ADAM AND COMPANY (PVT) LTD and SGI PROPERTIES (PVT) LTD and GARABGA NCUBE AND PARTNERS vs GOODLIVING REAL ESTATE (PVT) LTD
Ruled By: GUVAVA JA, MAVANGIRA JA and BHUNU JA

29 May 2020 and 29 March 2021 Partnership Law-viz dissolution re sharing of revenue.Law of Property-viz proof of title re immovable property iro registered rights.Partnership Law-viz nature ...

Appealed
SC18-19 : BACNET TRADING (PVT) LTD vs NETONE CELLULAR (PVT) LTD and MINISTER OF PUBLIC WORKS AND NATIONAL HOUSING and REGISTRAR OF DEEDS
Ruled By: GARWE JA, MAVANGIRA JA and BHUNU JA

31 March 2017 and 22 February 2019 Procedural Law-viz final orders re entitlement of litigating parties to written reasons for judgment.Legal Practitioners-viz correspondence with the court.Legal Practitioners-viz ...

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SC18-18 : SHORAI NZARA and AAROLA IDEHEN and AMOSOGE IDEHEN and OSARETIN IDEHEN vs CECILIA KASHUMBA N.O. and REGISTRAR OF DEEDS and MASTER OF THE HIGH COURT and TAFIRENYIKA KAMBARAMI
Ruled By: GARWE JA, GUVAVA JA and UCHENA JA

2 June 2017 and 12 March 2018 Procedural Law-viz citation re party acting in an official capacity.Law of Property-viz instalment sale of land re termination of an ...

SC18-17 : HAPPISON SIGAUKE vs FALCON GOLD ZIMBABWE LIMITED
Ruled By: ZIYAMBI JA, BHUNU JA and UCHENA JA

7 November 2016 Labour Law-viz contract of employment re termination iro neglect of duty.Procedural Law-viz appeal re findings of fact made by the ...

SC18-15 : OLIVINE INDUSTRIES (PRIVATE) LIMITED vs B. SHONHIWA and F. GARATSA and P. ZARANYIKA
Ruled By: ZIYAMBI JA, GWAUNZA JA and PATEL JA

25 September 2014 and 31 March 2015 Labour Law-viz disciplinary hearings re the audi alteram partem rule.Procedural Law-viz rules of construction re the directory provision iro the ...

Appealed
SC18-14 : SILVER ZHUWAKI vs TAZVITYA MUTANDWA and BRENDER LEEPER and DEPUTY SHERIFF and REGISTRAR OF DEEDS and CLEVER MANDIZVIDZA N.O.
Ruled By: GWAUNZA JA, GOWORA JA and PATEL JA

7 FEBRUARY 2014 Procedural Law-viz citation re party acting in an official capacity.Law of Property-viz vindicatory action re eviction re claim of right.Law ...

SC18-12 : RONI MASEKESA vs KINGDOM FINANCIAL HOLDINGS
Ruled By: ZIYAMBI JA

3 July 2012 Procedural Law-viz civil appeal re application for an extension of time within which to note an appeal iro Rule 6 ...

Appealed
SC18-11 : RIO TINTO (AFRICA) PENSION FUND vs AFARAS M. GWARADZIMBA (in his capacity as Liquidator of Sagit Stockbrokers PL) and AFARAS M. GWARADZIMBA (in his personal capacity)
Ruled By: MALABA DCJ, SANDURA JA and GARWE JA

20 July 2010 and 15 September 2011 Procedural Law-viz citation re party acting in an official capacity.Insolvency Law-viz distribution account re section 279 of the Companies Act ...

Appealed
SC179-20 : MFUNDO MLILO vs THE PRESIDENT OF THE REPUBLIC OF ZIMBABWE
Ruled By: GARWE JA, MAKARAU JA and MAKONI JA

1 February 2019 and 7 December 2020 Constitutional Law-viz constitutionality of statutory provisions re Presidential Powers (Temporary Measures) Act iro the Presidential Powers (Temporary Measures) (Amendment of ...

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SC177-20 : CAINOS CHINGOMBE and TENDAI KWENDA vs CITY OF HARARE and MINISTER OF LOCAL GOVERNMENT, PUBLIC WORKS AND NATIONAL HOUSING and HOSEA CHISANGO N.O. and GEORGE MAKINGS N.O. and CHENAI GUMIRO N.O.
Ruled By: GOWORA JA, GUVAVA JA and MAKONI JA

5 July 2019 and 7 December 2020 Procedural Law-viz citation re party acting in an official capacity iro nominus officiae.Labour Law-viz misconduct proceedings re suspension from ...

SC17-20 : ERASMUS GUDZA vs CITY OF HARARE
Ruled By: HLATSHWAYO JA, GUVAVA JA and CHIWESHE AJA

23 June 2014 and 10 February 2020 Labour Law-viz discipline re disciplinary proceedings.Labour Law-viz disciplinary hearings re walking out of disciplinary proceedings iro review of procedural irregularities ...

Appealed
SC17-19 : ECONET WIRELESS (PRIVATE) LIMITED vs ZIMBABWE REVENUE AUTHORITY and COMMISSIONER GENERAL
Ruled By: MALABA DCJ, GOWORA JA and MAVANGIRA JA

10 May 2016 and 28 February 2019 Procedural Law-viz rules of evidence re documentary evidence.Tax Law-viz customs and excise duty re post importation clearance audit.Tax Law-viz garnishee ...

SC17-18 : CBZ BANK LIMITED vs DAVID MOYO and DEPUTY SHERIFF HARARE
Ruled By: PATEL JA, MAVANGIRA JA and UCHENA JA

27 July 2017 and 18 March 2018 Procedural Law-viz final orders re execution of a court order iro writ of execution.Procedural Law-viz judicial attachment re writ of ...

SC17-17 : JOHN CHIKURA N.O. and DEPOSIT PROTECTION CORPORATION vs AL SHAM'S GLOBAL BVI LIMITED
Ruled By: ZIYAMBI JA, GOWORA JA and HLATSHWAYO JA

15 November and 20 February 2017 Procedural Law-viz appeal re notice of appeal iro Rule 29(1)(d) of the Supreme Court Rules.Procedural Law-viz Supreme Court Rules re ...

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