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Civil Cases

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 ...

SC17-16 : ELSON GUMBO vs MARANGE RESOURCES (PRIVATE) LIMITED
Ruled By: ZIYAMBI JA

16 February 2016 and 26 April 2016 Procedural Law-viz rules of court re Supreme Court Rules iro Rule 5.Procedural Law-viz labour appeal re leave to appeal iro ...

SC17-14 : ANTHONY HICKEY vs DMC HOLDINGS PL and CHRISTMAS GIFT PL and ROGERIO B.A. DE SA and NATIONAL SOCIAL SECURITY AUTHORITY
Ruled By: ZIYAMBI JA, GARWE JA and PATEL JA

14 February 2014 Procedural Law-viz urgent application re urgency.Company Law-viz shareholding re disposal of corporate assets.Procedural Law-viz urgent application re urgency iro time ...

SC17-13 : EVANS TAPFUMANEYI MUNYATI vs GODFREY MUGAYI
Ruled By: CHIDYAUSIKU CJ, GARWE JA and OMERJEE AJA

3 September 2012 and 20 May 2013 Law of Property-viz spoliation order.Law of Property-viz mandament van spolie.Procedural Law-viz rules of evidence re unchallenged evidence.Procedural Law-viz rules of ...

SC17-12 : PHARAOH B MUSKWE vs DOUGLAS NYAJINA and MUNHUWEI G T and MINISTER OF LOCAL GOVERNMENT NATIONAL HOUSING AND URBAN DEVELOPMENT
Ruled By: ZIYAMBI JA, GARWE JA, and OMERJEE AJA

27 March and 16 July 2012 Procedural Law-viz postponement of proceedings.Procedural Law-viz pleadings re non-pleaded matters iro points of law.Procedural Law-viz pleadings re issues not specifically ...

SC17-09 : ELIZABETH MUTIZHE vs LOVENESS GANDA and THE REGISTRAR OF DEEDS and FANNIE MUTIZHE
Ruled By: MALABA DCJ

11 February and 2 April 2009 Procedural Law-viz appeal re extension of time within which to note an appeal iro Rule 31 of the Supreme Court ...

SC17-08 : ZIMBABWE BANKING CORPORATION vs CECIL MADONDO
Ruled By: CHEDA JA

2 April and 28 August 2008 Procedural Law-viz chamber application re Rule 34 of the Supreme Court Rules.Procedural Law-viz condonation re extension of time within which ...

SC163-21 : TENDAYI WASHAYA and CHIPO WASHAYA vs MAKEBREAK TRADING (PVT) LTD and THE SHERIFF OF THE HIGH COURT (N.O.) and THE REGISTRAR OF DEEDS
Ruled By: MALABA CJ, UCHENA JA and CHIWESHE AJA

16 November 2020 and 13 December 2021 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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SC161-20 : STANLEY NHARI vs ROBERT MUGABE and DR GRACE MUGABE and GUSHUNGO DAIRY HOLDINGS (PVT) LTD
Ruled By: GARWE JA, MAVANGIRA JA and MAKONI JA

12 July 2019 and 19 November 2020 Procedural Law-viz cause of action re special plea iro jurisdiction.Procedural Law-viz jurisdiction re concurrent jurisdiction.Procedural Law-viz jurisdiction re labour proceedings.Procedural ...

SC16-22 : CHURCH OF GOD OF PROPHECY(INTERNATIONAL) vs CHURCH OF GOD PROPHECY AND OTHERS
Ruled By: BHUNU JA, MATHONSI JA and CHITAKUNYE JA

20 July 2021 Procedural Law-viz cause of action re joinder proceedings.Procedural Law-viz citation re joinder iro direct and substantial interest.Canon Law-viz succession.Procedural Law-viz ...

SC16-21 : GML EXPLOSIVE (PRIVATE) LIMITED vs LACKSON GONO AND 29 OTHERS
Ruled By: MAVANGIRA JA, MAKONI JA and MATHONSI JA

29 October 2020 and 25 March 2020 Insolvency Law-viz liquidation re confirmation of provisional liquidation order iro inability to pay debts.Insolvency Law-viz liquidation re section 206 of ...

Appealed
SC16-20 : INFRASTRUCTURE DEVELOPMENT BANK OF ZIMBABWE vs ENGEN PETROLEUM ZIMBABWE (RIVATE) LIMITED
Ruled By: GUVAVA JA, MAVANGIRA JA and ZIYAMBI AJA

23 May 2017 and 6 February 2020 Law of Contract-viz oral agreement.Law of Contract-viz verbal contract.Law of Contract-viz debt re contractual debt.Law of Contract-viz debt re debt ...

SC16-19 : AGRICULTURAL AND RURAL DEVELOPMENT AUTHORITY vs FRANCIS BAURENI and 18 OTHERS
Ruled By: GARWE JA, PATEL JA and MAKONI JA

29 October 2018 and 26 February 2019 Labour Law-viz employment contract re termination iro termination on notice.Labour Law-viz retrenchment re section 12 of the Labour Act [Chapter ...

SC16-15 : ELINETH DICK vs ZIMBABWE REVENUE AUTHORITY
Ruled By: GWAUNZA JA, GOWORA JA and GUVAVA JA

25 July 2014 Labour Law-viz contract of employment re termination.Procedural Law-viz appeal re findings of fact made by the trial court.Procedural Law-viz rules ...

SC16-13 : FREDA REBECCA GOLD MINE HOLDINGS LIMITED vs M NHLIZIYO and 180 ORS
Ruled By: ZIYAMBI JA, GOWORA JA and OMERJEE AJA

16 July 2012 and 3 June 2013 Labour Law-viz employment contract re termination.Labour Law-viz retrenchment re section 12C of the Labour Act [Chapter 28:01].Labour Law-viz severance agreement.Labour ...

SC16-12 : CT BOLTS (PVT) LTD vs WORKERS COMMITTEE
Ruled By: GARWE JA, OMERJEE AJA and GOWORA AJA

March 12 and 27, 2012 Procedural Law-viz locus standi re legal status of a litigant iro a "workers committee".Labour Law-viz workers committee re legal personality ...

SC16-08 : MUROWA DIAMONDS vs UNION MAKUMBE
Ruled By: MALABA DCJ, CHEDA JA and GARWE JA

September 8, 2008 & May 21, 2009 Labour Law-viz code of conduct re disciplinary hearing appeals iro labour court jurisdiction.Labour Law-viz code of conduct re disciplinary hearing ...

Appealed
SC15-22 : UNKI MINE (PRIVATE) LIMITED vs ZIMBABWE REVENUE AUTHORITY
Ruled By: GUVAVA JA, UCHENA JA and MAKONI JA

8 September 2020 and 3 February 2022 Procedural Law-viz appeal re fiscal appeal.Procedural Law-viz appeal re tax appeal.Company Law-viz legal personality re Group structures.Company Law-viz domicile re ...

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SC15-21 : CENTRAL AFRICAN BUILDING SOCIETY vs PENELOPE STONE and RICHARD BEATTIE and RESERVE BANK OF ZIMBABWE and MINISTER OF FINANCE AND ECONOMIC DEVELOPMENT
Ruled By: GWAUNZA DCJ, MAKONI JA and KUDYA AJA

20 October 2020 and 16 March 2021 Procedural Law-viz consolidation of matters.Procedural Law-viz joinder of actions.Banking Law-viz demonetization of currency re introduction of a new legal tender.Banking ...

SC15-17 : LIFORT TORO vs VODGE INVESTMENTS (PRIVATE) LIMITED and MANYAME RURAL DISTRICT COUNCIL and MINISTER OF LANDS AND RURAL RESETLEMENT
Ruled By: ZIYAMBI JA, BHUNU JA and UCHENA JA

7 November 2016 (Released on 27 February 2017) Land Acquisition-viz operational challenges of the land reform program.Procedural Law-viz locus standi re incapacity to institute proceedings.Procedural Law-viz res judicata.Procedural ...

SC15-14 : WINSLEY MILITALA N.O. and QV PHARMACIES (PRIVATE) LIMITED (Under Provisional Judicial Management) vs MUTUAL FINANCE (PRIVATE) LIMITED and THE MESSENGER OF COURT and SHINGIRIRAI USHEWOKUNZE
Ruled By: CHIDYAUSIKU CJ

28 February and 6 March 2014 Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz civil appeal re application for hearing of an appeal ...

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SC15-13 : CLETUS CHIKWUKA ANUEYIANGU vs CHIEF IMMIGRATION OFFICER and THE CO-MINISTERS OF HOME AFFAIRS and THE ATTORNEY GENERAL OF ZIMBABWE
Ruled By: CHIDYAUSIKU CJ, ZIYAMBI JA, GARWE JA, GOWORA JA and OMERJEE AJA

5 July 2012 Immigration Law-viz immigration detention re prohibited persons.Immigration Law-viz immigration detention re section 8(1) of the Immigration Act [Chapter 4:02].Procedural Law-viz ...

SC15-12 : K.M. AUCTIONS (PVT) LTD vs ADENASH SAMUEL and REGISTRAR OF DEEDS, HARARE
Ruled By: GOWORA AJA

March 5, 2012 Procedural Law-viz condonation re late filing of an appeal.Procedural Law-viz affidavits re founding affidavit iro deponent.Procedural Law-viz rules of evidence ...

SC15-11 : RITENOTE PRINTERS (PRIVATE) LIMITED vs A. ADAM and COMPANY and THE MESSENGER OF COURT, HARARE
Ruled By: CHIDYAUSIKU CJ

26 January and 31 May 2011 Procedural Law-viz appeal re application for hearing of an appeal on an urgent basis.Procedural Law-viz appeal re the rule that ...

Appealed
SC15-09 : MASIYIWA CLEOPAS GONYE vs STELLA MARIS GONYE
Ruled By: SANDURA JA, ZIYAMBI JA and MALABA JA

25 March 2008 and 2 April 2009 Family Law-viz division of the assets of the spouses re section 7 of the Matrimonial Causes Act [Chapter 5:13].Family Law-viz ...

SC146-21 : THE GARRAT TRUST vs CREATIVE CREDIT (PRIVATE) LIMITED
Ruled By: BHUNU JA

23 November 2020, 24 November 2020, 8 October 2021, 18 October 2021 and 15 November 2021 Procedural Law-viz chamber application re condonation iro Rule 43 of the Supreme Court Rules.Procedural Law-viz chamber application re extension of ...

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