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Civil Cases

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 ...

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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 ...

SC145-21 : SARAH CARTER vs KATHLEEN MACINTOSH (Represented by Edward Warhurst, Executor of Estate Late Kathleen McIntosh) and ANOTHER
Ruled By: MAVANGIRA JA, BHUNU JA and CHATUKUTA AJA

19 November 2020 and 15 November 2021 Law of Property-viz lease agreement re ownership of fixtures and fittings.Law of Property-viz agreement of lease re ownership of fixtures ...

SC144-21 : FARAI MATSIKA and FAIRGOLD INVESTMENTS (PRIVATE) LIMITED vs MOSES CHINGWENA and 38 OTHERS
Ruled By: BHUNU JA

13 November 2020 and 15 November 2021 Procedural Law-viz citation re multiple litigants.Procedural Law-viz chamber application re condonation iro late noting of an appeal.Procedural Law-viz chamber application ...

SC143-21 : HAPPISON MUCHECHETERE vs ZIMBABWE BROADCASTING CORPORATION (PVT) LTD and RETIRED JUSTICE JAMES DEVITTE N.O. and GIBSON MUNYORO
Ruled By: GWAUNZA DCJ, UCHENA JA and MAKONI JA

16 March 2021 and 11 November 2021 Procedural Law-viz citation re party acting in an official capacity iro nominee officii.Procedural Law-viz citation re party acting in an ...

SC141-21 : WISE GARIRA and SHEPHARD MASHINGAIDZE and BAYAI BAYAI vs NATIONAL ENGINEERING WORKERS UNION and FIRST CAPITAL BANK
Ruled By: GUVAVA JA, BHUNU JA and KUDYA AJA

27 October 2020 and 12 November 2021 Banking Law-viz account mandates re Bank account signatories.Procedural Law-viz cause of action re failure to file opposition papers iro presumption ...

SC140-21 : MBCA BANK (PRIVATE) LIMITED (Now known as Nedbank Zimbabwe Limited) vs ZIMBABWE REVENUE AUTHORITY
Ruled By: GUVAVA JA, UCHENA JA and MAKONI JA

7 September 2020 and 12 November 2021 Tax Law-viz tax deductions re section 16 of the Income Tax Act [Chapter 23:06].Tax Law-viz tax deductions re section 15 ...

Appealed
SC14-21 : MAXWELL SIBANDA vs ZAMBE NYIKA GWASIRA and NZ INDUSTRIAL and MINING SUPPLIES and REGISTRAR OF DEEDS and SHERIFF OF ZIMBABWE
Ruled By: GOWORA JA, GUVAVA JA and BHUNU JA

5 March 2019 and 18 March 2021 Procedural Law-viz declaratory order.Procedural Law-viz declaratur.Law of Contract-viz essential elements re consensus ad idem.Law of Contract-viz specific performance re specific ...

Appealed
SC14-20 : SUSAN JANUARY vs NORMAN MAFEREFU
Ruled By: GOWORA JA, MAVANGIRA JA and UCHENA JA

28 September 2019 and 4 February 2020 Law of Property-viz vindicatory action re eviction proceedings.Law of Property-viz rei vindicatio re eviction proceedings.Damages-viz holding over damages.Law of Property-viz ...

Appealed
SC14-19 : JUDITH ISHEMUNYORO (NEE MANDIDEWA) vs ANTHONY ISHEMUNYORO and TYNSERVE DISTRIBUTORS (PVT) LTD and THE REGISTRAR OF DEEDS and THE SHERIFF FOR ZIMBABWE
Ruled By: GWAUNZA JA, HLATSHWAYO JA and ZIYAMBI AJA

26 October 2017 and 15 February 2019 Law of Property-viz proof of title re immovable property iro registered rights.Law of Contract-viz debt re debt security iro the ...

SC14-17 : CHEMCO HOLDINGS (PRIVATE) LIMITED vs L TENDERE and TWENTY-FOUR OTHERS
Ruled By: ZIYAMBI JA, GWAUNZA JA, and MAVANGIRA JA

22 November 2016 and 13 March 2017 Procedural Law-viz citation re multiple litigants iro parties to the proceedings.Labour Law-viz sale of a business re transfer of employees ...

SC14-16 : DAVID RICHARD KEMPEN vs CARROL KEMPEN
Ruled By: MALABA DCJ, GUVAVA JA and BHUNU JA

23 October 2015 and 22 March 2016 Family Law-viz maintenance re minor iro arrear maintenance.Family Law-viz maintenance re variation of maintenance order.Procedural Law-viz prescription.Family Law-viz maintenance re ...

SC14-15 : NATIONAL AIR WORKERS' UNION and AIR TRANSPORT UNION vs AIR ZIMBABWE HOLDINGS (PRIVATE) LIMITED and AIR ZIMBABWE (PRIVATE) LIMITED and ANOTHER
Ruled By: ZIYAMBI JA, GARWE JA and GUVAVA JA

15 May 2014 Procedural Law-viz locus standi re voluntary associations iro trade unions.Procedural Law-viz locus standi re authority to institute legal proceedings.Procedural Law-viz ...

Appealed
SC14-14 : CRESSY MAGUMISE vs ALPHEUS MAGUMISE
Ruled By: ZIYAMBI JA, GWAUNZA JA and GUVAVA JA

20 February 2014 Procedural Law-viz pleadings re issues not specifically pleaded.Procedural Law-viz pleadings re non-pleaded issues.Family Law-viz maintenance re spousal maintenance.Family Law-viz maintenance ...

SC14-13 : CONSTANTINE CHIMAKURE and VINCENT KAHIYA and ZIMIND PUBLISHERS (PVT) LTD vs THE ATTORNEY-GENERAL OF ZIMBABWE
Ruled By: CHIDYAUSIKU CJ, MALABA DCJ, ZIYAMBI JA, GARWE JA and CHEDA AJA

3 June 2010 and 30 October 2013 Constitutional Law-viz constitutional referral re section 24(2) of the Constitution.Constitutional Law-viz constitutionality of statutory provisions re the Criminal Law (Codification ...

SC14-12 : HILDA TENDAI MATARIRA vs CAXTON HENRY MATARIRA
Ruled By: GARWE JA, OMERJEE AJA and GOWORA AJA

20 February 2012 Family Law-viz division of the assets of the spouses re direct contributions.Family Law-viz distribution of matrimonial property re indirect contributions.Procedural ...

SC138-21 : DIVVYLAND INVESTMENTS (PRIVATE) LIMITED vs DAVID CHIWEZA
Ruled By: PATEL JA, GUVAVA JA and BHUNU JA

15 May 2020 and 5 November 2021 Procedural Law-viz pleadings re counterclaim.Procedural Law-viz pleadings re counter application.Procedural Law-viz pleadings re claim in reconvention.Law of Property-viz vindicatory action ...

SC137-21 : ZIMBABWE NEWSPAPERS (1980) LIMITED vs TEMBANI KUFA
Ruled By: MAKARAU JA, GOWORA JA and MATHONSI JA

26 March 2020 and 15 November 2021 Legal Practitioners-viz professional ethics.Labour Law-viz discipline re disciplinary proceedings.Procedural Law-viz rules of evidence re corroborative evidence.Labour Law-viz discipline re misconduct ...

SC134-21 : OK ZIMBABWE LIMITED vs BENJAMIN TAZVIVINGA
Ruled By: GWAUNZA DCJ, HLATSHWAYO JA and BERE JA

8 March 2019 and 22 Ocotber 2021 Procedural Law-viz default judgment re labour proceedings.Labour Law-viz discipline re disciplinary proceedings.Procedural Law-viz default judgement re unopposed proceedings.Procedural Law-viz cause ...

SC133-21 : CIMAS MEDICAL AID SOCIETY vs LINDIWE MHUNDURU
Ruled By: HLATSHWAYO JA, BHUNU JA and BERE JA

12 July 2018 and 22 October 2021 Labour Law-viz discipline re disciplinary hearings iro damages in lieu of reinstatement.Labour Law-viz discipline re disciplinary proceedings iro reinstatement orders.Labour ...

SC133-19 : EGA SANSOLE N.O. and CECILIA NEHWATI and THE ASSISTANT MASTER - HIGH COURT vs CHARLES NCUBE and ANNE NCUBE and NEGOLOBELO NEHWATI and MANO NEHWATI
Ruled By: CHIDYAUSIKU CJ, ZIYAMBI JA and MALABA JA

27 November 2001 and 30 May 2002 Procedural Law-viz citation re party acting in an official capacity re nominee officii.Estate Law-viz testate succession re rights of beneficiaries ...

SC132-21 : FRANK BUYANGA SADIQI vs CHANTELLE MUTESWA and OTHERS
Ruled By: UCHENA JA

16 June 2021 and 18 October 2021 Procedural Law-viz chamber application re condonation.Procedural Law-viz appeal re reinstatement of an appeal iro Rule 70 of the Supreme Court ...

SC131-21 : CHANTELLE MUTESWA vs FRANK BUYANGA SADIQI
Ruled By: UCHENA JA, CHITAKUNYE JA and KUDYA JA

7 June 2021 Procedural Law-viz final orders re ex-tempore judgment iro entitlement of litigating parties to written reasons for judgement.Procedural Law-viz pleadings re ...

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SC130-21 : PHILIPPA COUMBIS vs RONALD COUMBIS and DOVES FUNERAL ASSURANCE (PVT) LTD
Ruled By: GARWE JA, GOWORA JA and UCHENA JA

10 October 2016, 19 June 2017, 23 January 2018, 23 January 2020, 24 June 2020 and 21 October 2021 Procedural Law-viz appeal re cross appeal.Procedural Law-viz appeal re cross-appeal.Family Law-viz maintenance re majority status children iro perpetual minors.Family Law-viz ...

SC13-21 : MOSES MAWIRE vs RIO ZIM LIMITED (PRIVATE) LIMITED
Ruled By: GOWORA JA, PATEL JA and MAVANGIRA JA

9 March 2018 Labour Law-viz employment contract re variation of conditions of service iro currency of remuneration.Banking Law-viz legal tender re demonetization of ...

SC13-19 : ZIMBABWE REVENUE AUTHORITY vs STANBIC BANK ZIMBABWE LIMITED
Ruled By: GUVAVA JA, MAVANGIRA JA and ZIYAMBI AJA

22 May 2017 and 22 February 2019 Tax Law-viz tax deductions re section 12 of the Income Tax Act [Chapter 23:06].Tax Law-viz taxable income re section 8 ...

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SC13-18 : TBIC INVESTMENTS PL and PAUL CHIDAWANYIKA vs KENNEDY MANGENJE and MINISTER OF LANDS and RURAL DEVELOPMENT and REGISTRAR OF DEEDS and ATTORNEY GENERAL and COMMISSIONER OF POLICE
Ruled By: GWAUNZA JA, GOWORA JA and BHUNU JA

31 January 2017 and 1 March 2018 Land Acquisition-viz offer letters re lawful authority to occupy gazetted land.Procedural Law-viz rules of evidence re documentary evidence.Land Acquisition-viz compulsory ...

SC13-17 : ZIMBABWE UNITED PASSENGER COMPANY LIMITED vs PACKHORSE SERVICES (PRIVATE) LIMITED
Ruled By: GARWE JA, GOWORA JA and MAVANGIRA AJA

9 June 2014 and 23 February 2017 Law of Contract-viz debt re contractual debt iro proof of claim.Law of Contract-viz debt re debt security iro cash cover.Procedural ...

SC13-15 : DOWOOD SERVICES (PRIVATE) LIMITED t/a BRADFIELD MOTORS vs RAILINGS ENTERPRISES (PRIVATE) LIMITED t/a PAROAN TRUCKING
Ruled By: CHIDYAUSIKU CJ, GOWORA JA and MUTEMA AJA

28 July 2014 Procedural Law-viz summary judgment.Law of Contract-viz debt re contractual debt.Law of Contract-viz debt re acknowledgement of debt.Procedural Law-viz lis alibi ...

SC13-13 : BEITBRIDGE BULAWAYO RAILWAY COMPANY vs ZIMBABWE AMALGAMATED RAILWAY UNION and ARBITRATOR GLADYS MPEMBA
Ruled By: MALABA DCJ, GOWORA JA and OMERJEE AJA

26 November 2012 and 26 March 2013 Labour Law-viz retrenchment.Labour Law-viz severance agreements.Labour Law-viz labour arbitration re voluntary arbitration.Procedural Law-viz civil review re arbitration proceedings.Labour Law-viz labour ...

Appealed
SC13-12 : VENETIAN BLINDS SPECIALISTS LTD vs APEX HOLDINGS (PVT) LTD
Ruled By: GARWE JA, OMERJEE AJA and GOWORA AJA

22 February 2012 Procedural Law-viz registration of foreign judgments.Procedural Law-viz enforcement of foreign judgments.Procedural Law-viz recognition of foreign judgments.Damages-viz contractual damages.Damages-viz assessment and ...

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