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Civil Cases

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 ...

SC14-22 : CRISPEN VUNDLA and DAVID MUCHINGURI vs INNSCOR AFRICA BREAD COMPANY ZIMBABWE (PVT) LTD and MAXWELL SABILIKA N.O.
Ruled By: KUDYA AJA

1 June 2021 and 1 February 2022 Procedural Law-viz citation re party acting in an official capacity iro nominus officiae.Procedural Law-viz citation re party acting in an ...

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 ...

SC13-22 : IN RE: THE MALILANGWE TRUST vs X
Ruled By: KUDYA AJA

12 May 2021 and 1 February 2022 Procedural Law-viz citation re legal status of a litigant iro the principle of legal persona.Procedural Law-viz locus standi re legal ...

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 ...

SC129-21 : SONY PICTURES TELEVISION UK RIGHTS LTD vs C MEDIA AFRICA (PVT) LTD and ZIMBABWE BROADCASTING CORPORATION (PVT) LTD
Ruled By: MAVANGIRA JA, MAKONI JA and KUDYA AJA

17 July 2020 and 29 October 2021 Competition Law-viz copyright infringement.Competition Law-viz trademark infringement.Broadcasting Law-viz film production.Competition Law-viz passing off.Procedural Law-viz rules of evidence re documentary evidence.Procedural ...

SC127-21 : MIDLANDS STATE UNIVERSITY vs GALAXY ENGINEERING DESIGN CONSULTANTS (PRIVATE) LIMITED
Ruled By: GWAUNZA DCJ, BHUNU JA and MATHONSI JA

17 September and 1 November 2021 Law of Contract-viz debt re debt interest.Law of Contract-viz debt re contractual,Procedural Law-viz appeal re findings of fact made by ...

Appealed
SC126-21 : PATRICIA DARANGWA vs JULIET KADUNGURE and ANDERSON KADUNGURE and NERIA KADUNGURE and MASTER OF THE HIGH COURT OF ZIMBABWE
Ruled By: MAKONI JA, MATHONSI JA and MWAYERA JA

30 September 2021 Procedural Law-viz appeal re interlocutory judgment iro nature of relief granted.Estate Law-viz removal of executor.Procedural Law-viz final orders re ex ...

Appealed
SC12-24 : FELIX DZUMBUNU vs BATANDI MPOFU N.O. and CHIKOTI DORO and MASTER OF THE HIGH COURT OF ZIMBABWE
Ruled By: GUVAVA JA, MAVANGIRA JA and CHITAKUNYE JA

17 November 2022 Procedural Law-viz citation re party acting in an official capacity iro nominus officiae.Procedural Law-viz citation re party acting in an ...

SC12-22 : SIMON CHINGANGA vs MUNASHE SHAVA and TAPSON MADZIVIRE and ADAM BEDE MANUFACTURING (PVT) LTD
Ruled By: KUDYA AJA

18 May 2021 and 1 February 2022 Procedural Law-viz chamber application re reinstatement of an appeal iro Rule 70 of the Supreme Court Rules.Procedural Law-viz cause 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 ...

Appealed
SC119-21 : MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS and OTHERS vs CONCILIA CHINANZVAVANA and THE NATIONAL PEACE AND RECONCILIATION COMMISSION
Ruled By: GWAUNZA DCJ, GUVAVA JA and BHUNU JA

30 September 2019 and 19 October 2021 Procedural Law-viz declaratory order.Procedural Law-viz declaratur.Constitutional Law-viz body established by the Constitution re tenure of life.Constitutional Law-viz constitutional application re ...

SC116-21 : ALFRED MWAZHA and OTHERS vs ERNEST MHAMBARE
Ruled By: MAVANGIRA JA, UCHENA JA and CHIWESHE JA

28 June 2021 and 14 October 2021 Procedural Law-viz declaratory order.Procedural Law-viz declaratur.Canon Law-viz canonical disputes re successorship.Procedural Law-viz citation re voluntary associations iro universitas.Procedural Law-viz locus ...

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