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Civil Cases

Appealed
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 court management re joinder of actions iro co-hearing proceedings.Procedural Law-viz court management re joinder of actions iro joint ...

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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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
SC20-14 : 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 ...

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