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Civil Cases

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 ...

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 ...

SC115-21 : ANDREW CHIGOVERA vs MINISTER OF ENERGY AND POWER DEVELOPMENT and ZIMBABWE ELECTRICITY TRANSMISSION AND DISTRIBUTION COMPANY (ZETDC)
Ruled By: GUVAVA JA, MAVANGIRA JA and KUDYA AJA

7 July 2020 and 15 October 2021 Procedural Law-viz declaratory order re consequential relief.Procedural Law-viz declaratur re consequential relief.Law of Contract-viz debt re contractual.Energy and Power Law-viz ...

SC112-21 : OLIVER BWITITI vs STANLEY FARMS (PRIVATE) (LIMITED) and OTHERS
Ruled By: MWAYERA JA

30 June 2021 and 12 October 2021 Procedural Law-viz chamber application re condonation.Procedural Law-viz condonation re extension of time within which to to note an appeal iro ...

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 ...

SC11-12 : JESTINA MUKOKO vs THE ATTORNEY-GENERAL
Ruled By: CHIDYAUSIKU CJ, MALABA DCJ, SANDURA JA, ZIYAMBI JA and GARWE JA

25 June 2009 and 20 March 2012 Constitutional Law-viz criminal prosecution re permanent stay of prosecution.Constitutional Law-viz criminal arrest re obligations of security personnel.Constitutional Law-viz constitutional rights ...

SC11-11 : PHILLIP HLUPENI vs UNIFREIGHT (PRIVATE) LIMITED
Ruled By: CHIDYAUSIKU CJ

20 January 2010 and March 2011 Procedural Law-viz postponement of proceedings re deferment of a matter sine die.Procedural Law-viz deferment of a matter re postponement sine ...

SC11-09 : CAPS UNITED FOOTBALL CLUB (PRIVATE) LIMITED vs CAPS HOLDINGS LIMITED AND THREE OTHERS
Ruled By: SANDURA JA, CHEDA JA and GWAUNZA JA

June 12, 2007 & February 18, 2009 Procedural Law-viz dispute of fact re urgent chamber application.

SC11-08 : DOCTOR DANIEL SHUMBA and ADVOCATE BRUCE CHIOTA vs THE ZIMBABWE ELECTORAL COMMISSION and MR MUSHANGWE N.O.
Ruled By: CHIDYAUSIKU CJ, SANDURA JA, ZIYAMBI JA, MALABA JA and GARWE JA

22 May and 1 August 2008 Procedural Law-viz citation re party acting in an official capacity iro nominus officiae.Constitutional Law-viz constitutional rights re freedom of association ...

SC108-21 : VALENTINE MUSHAYAKURARA vs ZIMBABWE LEAF TOBACCO COMPANY (PRIVATE) LIMITED
Ruled By: MALABA CJ, UCHENA JA and CHIWESHE AJA

16 November 2020 Law of Contract-viz intent re the parole evidence rule.Law of Contract-viz animus contrahendi re the integration rule.Law of Contract-viz intent ...

SC108-20 : SPENCER TSHUMA vs KEVIN MAGWAZA and SEBASTIN MAGODO and MINISTER OF MINES N.O. and HONOURABLE KUBONERA N.O. and PROVINCIAL MINING DIRECTOR, MASH WEST N.O. and SHERIFF FOR ZIMBABWE N.O.
Ruled By: UCHENA JA

1 July and 28 July 2020 Procedural Law-viz citation re party acting in an official capacity iro nominus officiae.Procedural Law-viz urgent chamber application.Procedural Law-viz appeal re ...

SC107-21 : METALLON GOLD ZIMBABWE (PVT) LTD and OTHERS vs SHATIRWA INVESTMENTS (PVT) LTD and ASSOCIATED MINE WORKERS UNION OF ZIMBABWE and MASTER OF THE HIGH COURT and REGISTRAR OF COMPANIES
Ruled By: MALABA CJ, BHUNU JA and CHIWESHE AJA

23 March and 7 October 2021 Insolvency Law-viz corporate rescue re section 124 of the Insolvency Act [Chapter 6:07].Procedural Law-viz consolidation of matters.Procedural Law-viz joinder of ...

SC107-20 : COLCOM FOODS LIMITED vs TARUVA TARUVA
Ruled By: GWAUNZA DCJ, GUVAVA JA and MATHONSI JA

18 June 2020 and 28 July 2020 Procedural Law-viz final orders re setting aside a final order iro arbitral awards.Labour Law-viz employment contract re transfer of employees.Procedural ...

SC106-21 : CAIRNS FOODS LIMITED vs NETRADE MARKETING (PVT) LTD
Ruled By: MATHONSI JA, CHIWESHE JA and CHITAKUNYE JA

8 July 2021 and 5 October 2021 Competition Law-viz trademark infringement re section 9 of the Trademarks Act [Chapter 26:04].Procedural Law-viz appeal re interlocutory orders iro effect ...

SC105-21 : WALTER MAGAYA vs ZIMBABWE GENDER COMMISSION
Ruled By: GOWORA JA, PATEL JA and UCHENA JA

10 March 2020 and 5 October 2021 Procedural Law-viz locus standi re legal status of litigants iro body established by the Constitution.Constitutional Law-viz body established by the ...

SC105-20 : CHRISTMAS MAZARIRE vs THE RETRENCHMENT BOARD and OLD MUTUAL SHARED SERVICES (PVT) LTD
Ruled By: MAKARAU JA, GOWORA JA and HLATSHWAYO JA

10 June 2019 and 17 July 2020 Labour Law-viz retrenchment.Labour Law-viz severance agreements.Procedural Law-viz rules of evidence re documentary evidence.Procedural Law-viz cause of action re failure to ...

Appealed
SC103-21 : IRENE MHLANGA vs MIKE MHLANGA
Ruled By: GWAUNZA DCJ, MATHONSI JA and CHITAKUNYE AJA

18 May 2021 and 1 October 2021 Procedural Law-viz final orders re ex tempore judgment iro entitlement of litigating parties to written reasons for judgement.Law of Property-viz ...

SC103-20 : VERITAS and FIRINNE TRUST ALSO KNOWN AS VERITAS vs ZIMBABWE ELECTORAL COMMISSION and MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS and ATTORNEY GENERAL OF ZIMBABWE
Ruled By: GOWORA JA, GUVAVA JA and BHUNU JA

5 March 2019 and 17 July 2020 Procedural Law-viz locus standi re legal status of a litigating party iro voluntary association.Procedural Law-viz locus standi re legal status ...

SC102-21 : DOVES FUNERAL ASSURANCE (PVT) LTD vs FERNABY INVESTMENTS (PVT) LTD and QUECOM ENGINEERING (PVT) LTD and DENNIS NGORIMA and STANDARD CHARTERED BANK LTD and HOMELAND REAL ESTATE and THE SHERIFF
Ruled By: BHUNU JA, MATHONSI JA and CHITAKUNYE JA

1 July 2021 and 28 September 2021 Procedural Law-viz judicial sale in execution re Rule 359 of the High Court Rules iro setting aside of a judicial ...

SC101-21 : EQUITY PROPERTIES (PVT) LTD vs ALSHAMS GLOBAL BVI LIMITED and REGISTRAR OF DEEDS
Ruled By: BHUNU JA, UCHENA JA and KUDYA AJA

16 June 2020 and 27 September 2021 Procedural Law-viz service of process re substituted service.Procedural Law-viz service of court process re manner of service iro persons upon ...

SC100-21 : PARKHAM ENTERPRISES (PVT) LTD and NYASHA MOTSI vs ADHESIVE PRODUCTS MANUFACTURES (PVT) LTD and THE MASTER OF THE HIGH COURT N.O.
Ruled By: CHITAKUNYE JA

20 July 2021 Procedural Law-viz citation re party acting in an official capacity iro nominee officii.Procedural Law-viz citation re party acting in an ...

SC10-20 : ZIMBABWE SCHOOL EXAMINATIONS COUNCIL vs VICTOR MUKOMEKA (on behalf of a minor Charmaine Mukomeka) and CHINGASIYENI GOVHATI (on behalf of a minor Anesu Govhati)
Ruled By: PATEL JA, BHUNU JA and BERE JA

20 September 2019 and 14 February 2020 Procedural Law-viz cause of action re proceedings involving minors.Education Law-viz examinations.Administrative Law-viz the exercise of administrative discretion.Procedural Law-viz final orders ...

Appealed
SC10-19 : SIPHIWE DUBE vs TURFWALL MINING (PVT) LTD t/a BEENSET INVESTMENTS and OTHERS
Ruled By: GARWE JA, MAVANGIRA JA and BHUNU JA

27 November 2017 and 19 February 2019 Procedural Law-viz citation re party acting in an official capacity.Mining-viz mining claims.Law of Contract-viz option.Law of Contract-viz reserved right.Procedural Law-viz ...

Appealed
SC10-18 : UNITRACK (PRIVATE) LIMITED vs TELONE (PRIVATE) LIMITED
Ruled By: ZIYAMBI JA, HLATSHWAYO JA and MAVANGIRA AJA

1 September 2014 Procedural Law-viz final orders re setting aside of a final order iro Rule 449.Procedural Law-viz final orders re rescission of ...

SC10-17 : MEDICINES CONTROL AUTHORITY OF ZIMBABWE vs NATHAN TORONGA and NOZIPHO MATSHITSE and BELLINGTON MUDYAWABIKWA and KUMBIRAI KAJONGWE
Ruled By: MALABA DCJ, GWAUNZA JA and PATEL JA

4 June 2015 and 10 February 2017 Labour Law-viz contract of employment re suspension of an employee iro section 4 of S.I.15 of 2006.Labour Law-viz employment contract ...

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