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Civil Cases

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 ...

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 ...

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 ...

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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SC13-11 : MATTHEW MBUNDIRE vs TYRONE SIM BUTTRESS
Ruled By: ZIYAMBI JA, GARWE JA and CHEDA AJA

22 June 2010 and 24 May 2011 Damages-viz delictual damages re bodily injury.Damages-viz delictual damages re personal injury.Damages-viz economic loss re property.Damages-viz the principle of currency nominalism ...

SC13-09 : CALISTO CHIRENJE vs VENDFIN INVESTMENTS (PRIVATE) LIMITED AND TWO OTHERS
Ruled By: CHIDYAUSIKU CJ, SANDURA JA and MALABA JA

November 12, 2007 & March 19, 2009 Law of Contract-viz contract for the benefit of a third party.Law of Contract-viz essential elements re amendment to offer.Law of ...

SC12-21 : TOBACCO PROCESSORS ZIMBABWE (PRIVATE) LIMITED vs TONGOONA MUTASA and OTHERS
Ruled By: MAVANGIRA JA, MAKONI JA and CHATUKUTA AJA

24 July 2020 and 15 March 2021 Law of Contract-viz essential elements re consensus ad idem iro tacit renewal of contracts.Labour Law-viz employment contract re fixed term ...

Appealed
SC12-20 : ZIMASCO (PVT) LTD vs CASPER TSVANGIRAI and BAOBAB REAL ESTATE and THE REGISTRAR OF DEEDS BULAWAYO
Ruled By: GARWE JA, HLATSHWAYO JA and GUVAVA JA

31 July 2017 and 27 January 2020 Procedural Law-viz absolution from the instance.Law of Contract-viz purchase and sale re purchase price.Law of Contract-viz purchase and sale re ...

SC12-19 : ALPHA MADZIMA vs MARANGE RESOURCES (PRIVATE) LIMITED
Ruled By: HLATSHWAYO JA, MAVANGIRA JA and BHUNU JA

4 November 2016 and 22 February 2019 Procedural Law-viz rules of evidence re digital evidence iro emails.Procedural Law-viz rules of evidence re documentary evidence.Labour Law-viz employment contract ...

SC12-17 : JOHN CONRADIE TRUST vs THE FEDERATION OF KUSHANDA PRE-SCHOOLS TRUST and MUNICIPALITY OF MARONDERA and UNITED METHODIST CHURCH (MARONDERA INNER CITY) and REGISTRAR OF DEEDS N.O.
Ruled By: BHUNU JA

23 February 2016 and 24 March 2017 Procedural Law-viz condonation re extension of time within which to note an appeal.Procedural Law-viz condonation re late noting of an ...

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SC12-16 : AFARAS MTAUSI GWARADZIMBA vs C. J. PETRON & COMPANY (PROPRIETARY) LIMITED
Ruled By: ZIYAMBI JA, GARWE JA and HLATSHWAYO JA

12 September 2014 and 11 March 2016 Insolvency Law-viz proceedings against a company under a reconstruction order re leave to institute proceedings iro leave of the Administrator ...

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SC12-15 : METALLON GOLD ZIMBABWE vs GOLDEN MILLION (PRIVATE) LIMITED
Ruled By: ZIYAMBI JA, GARWE JA and PATEL JA

13 February 2014 and 31 March 2015 Law of Contract-viz debt re contractual debt.Law of Contract-viz debt re claim on stated account iro reconciliation.Law of Contract-viz debt ...

SC12-14 : ANTHONY MAKINTOSH vs THE CHAIRMAN, ENVIRONMENTAL MANAGEMENT COMMITTEE OF CITY OF HARARE and CITY OF HARARE
Ruled By: ZIYAMBI JA, GWAUNZA JA and GOWORA JA

19 September 2013 Local Authorities-viz change of use of land re section 26 of the Regional Town and Country Planning Act [Chapter 29:12].Procedural ...

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SC12-13 : OLIVER CHIDAWU and BROADWAY INVESTMENTS and DANOCT INVESTMENTS and DANNOV INVESTMENTS vs JAYESH SHAH and TN ASSET MANAGEMENT and ISB SECURITIES and ZIMBABWE STOCK EXCHANGE and CONSERVE
Ruled By: MALABA DCJ, GOWORA JA and OMERJEE AJA

19 June 2012 and 18 March 2013 Procedural Law-viz urgent application.Law of Contract-viz debt re debt security iro shares.Law of Contract-viz debt re debt security iro summary ...

SC12-12 : ANDREW MACHAYA vs FARM AND CITY CENTRE
Ruled By: GARWE JA, OMERJEE AJA and GOWORA AJA

February 22 and March 13, 2012 Labour Law-viz employment contract re termination iro S.I.371 of 1985.Labour Law-viz contract of employment re termination iro S.I.371 of 1985.Labour ...

SC12-09 : MOSI-OA-TUNYA (PRIVATE) LIMITED vs JOINA DEVELOPMENT COMPANY (PRIVATE) LIMITED AND CB RICHARD ELLIS
Ruled By: SANDURA JA

October 17, 2008 & February 18, 2009 Procedural Law-viz appeals re application for an extension to note an appeal iro reasonable explanation for failure to comply.Procedural Law-viz ...

SC111-04 : ASSOCIATED NEWSPAPERS OF ZIMBABWE (PRIVATE) LIMITED vs THE MINISTER OF STATE FOR INFORMATION AND PUBLICITY and MEDIA AND INFORMATION COMMISSION and THE ATTORNEY-GENERAL OF ZIMBABWE
Ruled By: CHIDYAUSIKU CJ, CHEDA JA, ZIYAMBI JA, MALABA JA and GWAUNZA JA

3 March 2004 and 14 March 2005 Procedural Law-viz consolidation of matters.Broadcasting and Media Law-viz registration of mass media providers re section 66 of the Access to ...

Appealed
SC110-21 : UPSET INVESTMENTS (PRIVATE) LIMITED vs CHITUNGWIZA MUNICIPALITY
Ruled By: GARWE JA, HLATSHWAYO JA and BHUNU JA

29 September 2017 and 12 October 2021 Law of Contract-viz purchase and sale re purchase price.Law of Contract-viz debt re contractual iro proof of claim.Law of Contract-viz ...

SC11-21 : TENDAI BONDE vs NATIONAL FOODS LTD and LOVEJOY NYANDORO [as Chairman of Appeals Committee] and CHIPO NHETA [as Chairman of Works Council]
Ruled By: GUVAVA JA

15 October 2020 and 22 March 2021 Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz appeal re leave to appeal iro labour proceedings.Procedural Law-viz ...

SC11-19 : MEDECINS SANS FRONTIERS (MSF) BELGIUM vs VENGAI NHOPI and OTHERS
Ruled By: HLATSHWAYO JA, PATEL JA and MAVANGIRA JA

12 September 2017 and 22 February 2019 Labour Law-viz employment contract re fixed term contracts.Labour Law-viz unfair labour practices re unfair dismissal iro section 12 of the ...

Appealed
SC11-18 : ALBAN GERARD BOWERS vs SHARIFFA PRECIOUS BOWERS
Ruled By: GWAUNZA JA, GOWORA JA and HLATSHWAYO JA

11 July 2017 Procedural Law-viz pleadings re amendment of pleadings iro amendment of declaration.Family Law-viz decree of divorce re contribution towards a spouses's ...

Appealed
SC11-15 : PERUKE INVESTMENTS (PRIVATE) LIMITED vs WILLOUGHBY'S INVESTMENTS (PRIVATE) LIMITED and THE HONOURABLE MR. JUSTICE (RETIRED) A.R. GUBBAY SC
Ruled By: GOWORA JA, HLATSHWAYO JA and PATEL JA

10 October 2014 and 19 March 2015 Procedural Law-viz final orders re setting aside final order iro arbitral awards.Law of Contract-viz commercial arbitration.Law of Contract-viz undocumented transactions.Procedural ...

SC11-14 : DOUGLAS SHUMBAYAONDA vs MINISTRY OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS and M. RANGA, N.O.
Ruled By: ZIYAMBI JA, GARWE JA and HLATSHWAYO JA

4 February and 25 February 2014 Procedural Law-viz citation re party acting in an official capacity.Labour Law-viz employment contract re disciplinary hearings.Labour Law-viz contract of employment ...

SC11-13 : ZIMBABWE EDUCATIONAL, SCIENTIFIC, SOCIAL AND CULTURAL WORKERS UNION vs WELFARE EDUCATIONAL INSTITUTIONS EMPLOYERS ASSOCIATION
Ruled By: MALABA DCJ, ZIYAMBI JA and GOWORA JA

5 June 2012 and 26 February 2013 Labour Law-viz labour arbitration.Procedural Law-viz civil appeal re arbitration iro voluntary arbitration proceedings.Procedural Law-viz civil review re labour arbitration iro ...

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