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Civil Cases

Appealed
SC89-20 : GOVATI MHORA vs EMMACULATA MHORA
Ruled By: HLATSHWAYO JA, BHUNU JA and UCHENA JA

15 November 2019; 14 February and 29 June 2020 Family Law-viz division of the assets of the spouses re jus in re proria.Law of Property-viz proof of title to ...

SC88-22 : LOT SYATIMBULA vs CITY OF VICTORIA FALLS (FORMERLY VICTORIA FALLS MUNICIPALITY)
Ruled By: GWAUNZA DCJ, MATHONSI JA and CHIWESHE JA

18 July and 20 July 2022 Procedural Law-viz jurisdiction re judicial deference iro remittal.Procedural Law-viz jurisdiction re judicial deference iro remittal order.Law of Property-viz vindicatory action ...

SC88-05 : OLIVINE INDUSTRIES (PRIVATE) LIMITED vs CAUTION NHARARA
Ruled By: CHEDA JA, MALABA JA and GWAUNZA JA

12 September 2005 and 7 March 2006 Labour Law-viz disciplinary verdict re reinstatement iro damages in lieu of reinstatement.Labour Law-viz legal representation re trade union representative.Legal Practitioners- ...

Appealed
SC87-21 : RIO ZIM (PVT) LIMITED vs TRUST BANK CORPORATION LIMITED (In Liquidation)
Ruled By: MAKARAU JA, HLATSHWAYO JA and UCHENA JA

28 March 2019 and 6 July 2021 Insolvency Law-viz proceedings against an insolvent company re company in liquidation iro leave to sue an insolvent entity.Insolvency Law-viz proceedings ...

Appealed
SC87-20 : CECK ENTERPRISES PL vs MARIA SITHOLE and MATHIAS SITHOLE (represented by TAKURA MUKWESHA as Executrix Dative) and REGISTRAR OF DEEDS and MASTER OF THE HIGH COURT
Ruled By: GWAUNZA DCJ, HLATSHWAYO JA and BHUNU JA

30 January 2020 and 29 June 2020 Procedural Law-viz citation re party acting in an official capacity.Family Law-viz division of the assets of the spouses re prejudicial ...

Appealed
SC87-19 : PRECIOUS CHIPUNZA vs MOSLEY MASHINGAIDZE
Ruled By: PATEL JA, BHUNU JA and BERE JA

7 June and 8 November 2019 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 ...

SC86-23 : GUTU RURAL DISTRICT COUNCIL vs JASON MUGAYO
Ruled By: GWAUNZA DCJ, MAKONI JA and CHITAKUNYE JA

17 July and 14 September 2023 Labour Law-viz discipline re disciplinary hearing iro conduct inconsistent with the fulfilment of the express or implied conditions of the ...

SC86-20 : CONSTANTINE CHIWENGA vs MARRY MUBAIWA
Ruled By: GWAUNZA DCJ, GARWE JA and BHUNU JA

16 March 2020 and 25 June 2020 Family Law-viz custody re minors iro parents on separation.Procedural Law-viz pleadings re abandoned pleadings.Family Law-viz decree of divorce re customary ...

SC86-14 : W. CHOMUREMA and E. MUZOKOMBA vs TELONE
Ruled By: GWAUNZA JA

30 June 2014 and 29 January 2015 Procedural Law-viz final orders re procedural irregularities iro discretion of the court to dismiss a matter.Procedural Law-viz final orders re ...

SC85-22 : BERNARD MUTANGA vs TSITSI MUTANGA
Ruled By: MAVANGIRA JA, UCHENA JA and MUSAKWA JA

16 July 2021 and 29 July 2022 Family Law-viz division of the assets of the spouses re direct and indirect contributions.Company Law-viz un-incorporated associations re Trust iro ...

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SC85-20 : JOHN LEGGETT and EARTHMOVING AND CONSTRUCTION COMPANY PL vs ASSWEL GURUPIRA and JEAN GURUPIRA and SANDRA MUIR and THE REGISTRAR OF DEEDS and THE SHERIFF and THE DEPUTY SHERIFF
Ruled By: GWAUNZA DCJ, GOWORA JA and PATEL JA

10 July 2018 and 25 June 2020 Company Law-viz shareholding re share transactions iro allotment of shares.Law of Property-viz proof of title re immovable property iro registered ...

SC85-14 : REMO INVESTMENT BROKERS (PRIVATE) LIMITED and MAHOMED IQBAL MAHMED and REZANA EBRAHIM and JOHN MOTSI vs SECURITIES COMMISSION OF ZIMBABWE
Ruled By: GARWE JA, GOWORA JA and PATEL JA

27 May 2013 and 5 December 2014 Administrative Law-viz the exercise of administrative discretion.Investment Law-viz securities.Procedural Law-viz appeal re findings of fact made by the lower tribunal.Procedural ...

SC84-20 : TIZAI CHISWANDA (in his capacity as father and guardian of CHIDOCHASHE CHISWANDA) vs OK ZIMBABWE LIMITED
Ruled By: GARWE JA, GOWORA JA and BERE JA

15 June 2018 and 22 June 2020 Procedural Law-viz cause of action re proceedings involving minors.Procedural Law-viz pleadings re amendment of pleadings iro amendment of grounds of ...

SC83-21 : DOMBO CHIBANDA and PINGO KANDORORO and JOHN KANDWE vs CITY OF HARARE
Ruled By: HLATSHWAYO JA

29 November 2019 and 29 June 2021 Procedural Law-viz condonation re application for extension of time to note an appeal iro Rule 43 of the Supreme Court ...

SC83-20 : ARISTON HOLDINGS LIMITED vs THE COMPETITION AND TARIFF COMMISSION OF ZIMBABWE
Ruled By: GWAUNZA DCJ, PATEL JA and MAKONI JA

13 February 2020 and 22 June 2020 Company Law-viz shareholding re share transactions iro mergers.Competition Law-viz merger re section 34 of the Competition Act [Chapter 14:28].Procedural Law-viz ...

Appealed
SC82-21 : TRIANGLE LIMITED and HIPPO VALLEY ESTATES LIMITED vs ZIMBABWE REVENUE AUTHORITY and OTHERS
Ruled By: GWAUNZA DCJ, MATHONSI JA and CHITAKUNYE AJA

18 May 2021 and 1 July 2021 Procedural Law-viz declaratory order re consequential relief.Procedural Law-viz declaratur re consequential relief.Law of Contract-viz contract of hire re provision of ...

SC82-20 : YAKUB MAHOMED vs JOHN BREDENKAMP and TANYARADZWA MASHAYAMOMBE N.O.
Ruled By: GWAUNZA DCJ, MAKONI JA and BERE JA

12 November 2019 and 2 July 2020 Procedural Law-viz citation re party acting in an official capacity iro nominus officiae.Procedural Law-viz costs re taxation of costs.Administrative Law-viz ...

SC81-22 : EDMORE MAPONDERA and 55 OTHERS vs FREDA REBECCA GOLD MINE HOLDINGS LIMITED
Ruled By: MAVANGIRA JA, BHUNU JA and CHITAKUNYE JA

3 July 2021 and 14 July 2022 Procedural Law-viz citation re multiple litigants.Procedural Law-viz appeal re partial appeal.Procedural Law-viz appeal re multiple litigants.Procedural Law-viz appeal re labour ...

SC81-21 : FRANK HUMBE vs DESMOND MUCHINA and SPARKLES SERVICES (PVT) LTD and GODFREY MUNYAMANA and SHERIFF OF ZIMBABWE and FADZAYI MUNYAMANA
Ruled By: BHUNU JA, MATHONSI JA and KUDYA AJA

10 May 2021 and 1 July 2021 Procedural Law-viz urgent chamber application re stay of execution.Procedural Law-viz urgent application re stay of execution.Law of Property-viz proof of ...

SC81-14 : JORAM NYAHORA vs CFI HOLDINGS ( PRIVATE) LIMITED
Ruled By: ZIYAMBI JA, GWAUNZA JA and PATEL JA

28 January 2014 and 23 October 2014 Labour Law-viz employment contract re termination iro unlawful retention of employment benefits.Law of Property-viz vindicatory action re claim of right.Law ...

SC80-22 : MSWELANGUBO FARM (PVT) LTD and OBERT MPOFU and SIKHANYISIWE MPOFU vs KERSHELMAR FARMS (PVT) TD and ZEPHANIAH DHLAMINI and CHARLES MOYO and SIPHOSAMI MALUNGA
Ruled By: GWAUNZA DCJ, CHITAKUNYE JA and MWAYERA JA

23 March 2022 and 8 July 2022 Law of Property-viz mandament van spolie.Law of Property-viz spoliation order.Law of Property-viz land acquisition re lawful authority to occupy gazetted ...

SC80-21 : ALLEN GESSEN vs PRISCILLA CHIGARIRO
Ruled By: MATHONSI JA

2 June 2021 and 30 June 2021 Procedural Law-viz condonation re late noting of an appeal.Procedural Law-viz condonation re extension of time within which to note an ...

SC80-14 : DHL INTERNATIONAL (PRIVATE) LIMITED vs KEVIN TINOFIREYI
Ruled By: GWAUNZA JA, GOWORA JA and PATEL JA

14 November 2013 and 17 October 2014 Labour Law-viz contract of employment re termination.Labour Law-viz employment contract re alterations to conditions of service.Labour Law-viz contract of employment ...

Appealed
SC79-14 : DOUGLAS TANYANYIWA and DOUGLAS WARRIORS FOOTBALL CLUB vs LAWRENCE BERNARD GWARADA
Ruled By: ZIYAMBI JA, GOWORA JA and GUVAVA JA

23 May 2014 Partnership Law-viz nature of the business relationship.Partnership Law-viz dissolution.Procedural Law-viz appeal re grounds of appeal iro clarity of grounds of ...

Appealed
SC78-23 : SAVIOUR KASUKUWERE vs LOVEDALE MANGWANA and ZIMBABWE ELECTORAL COMMISSION and MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS
Ruled By: GUVAVA JA, BHUNU JA and CHATUKUTA JA

27 and 28 July 2023 Procedural Law-viz final orders re entitlement of litigating parties to written reasons for judgment.Procedural Law-viz citation re legal status of ...

SC78-21 : ZIMBABWE HOMELESS PEOPLES FEDERATION and OTHERS vs MINISTER OF LOCAL GOVERNMENT AND NATIONAL HOUSING and OTHERS
Ruled By: GARWE JA, MAVANGIRA JA and MATHONSI JA

14 September 2019 and 24 June 2021 Socio Economic Law-viz shelter.Constitutional Law-viz constitutional rights re shelter.Constitutional Law-viz constitutional rights re justiciability of constitutional rights.Procedural Law-viz citation re ...

SC78-20 : ADMIRE DAMANJERA vs ZIMBABWE REVENUE AUTHORITY
Ruled By: GARWE JA, GUVAVA JA and MATHONSI JA

6 March 2020 and 18 June 2020 Procedural Law-viz appeal re findings of fact made by the primary court.Labour Law-viz discipline re termination of employment contract iro ...

SC77-21 : TRIANGLE (PRIVATE) LIMITED vs FUNGAI MUTASA (NO) and OTHERS
Ruled By: GARWE JA, MAVANGIRA JA and MAKONI JA

4 June 2020 and 24 June 2021 Procedural Law-viz citation re party acting in an official capacity iro nominee officii.Procedural Law-viz citation re party acting in an ...

SC77-17 : JULIANA SABARAUTA vs LOCAL AUTHORITIES PENSION FUND and THE SHERIFF
Ruled By: GUVAVA JA, UCHENA JA and ZIYAMBI AJA

8 June 2017 Procedural Law-viz judicial attachment re interpleader proceedings.Law of Property-viz proof of title re movable property iro motor vehicle registration book.Procedural ...

Appealed
SC76-17 : CARE INTERNATIONAL IN ZIMBABWE vs ZIMBABWE REVENUE AUTHORITY and DESMOND MAMINIMINI and SURVIVAL HARDWARE (PRIVATE) LIMITED
Ruled By: GOWORA JA, HLATSHWAYO JA and BHUNU JA

8 February 2016 and 22 January 2018 Tax Law-viz customs and excise re seizure of goods.Tax Law-viz penalties.Procedural Law-viz jurisdiction re domestic remedies.Procedural Law-viz jurisdiction re internal ...

SC76-14 : FLORENCE CHIMUNDA vs ARNOLD ZIMUTO and LOVENESS ZIMUTO
Ruled By: ZIYAMBI JA

26 November 2013 and 30 September 2014 Procedural Law-viz condonation re late noting of an appeal iro Rule 5 of the Supreme Court Rules, 1964.Procedural Law-viz rules ...

Appealed
SC75-17 : EDWARD MADYAVANHU vs REGGIE SARUCHERA and GRANT THORNTON CAMELSA CHARTERED ACCOUNTANTS (ZIMBABWE) and CAIRNS FOODS LTD
Ruled By: GWAUNZA JA, GUVAVA JA and ZIYAMBI AJA

6 July 2017 Insolvency Law-viz liquidation re distribution iro creditors listing.Legal Practitioners-viz correspondence with the court re medium of Registrar's office.Procedural Law-viz final ...

SC74-22 : NEW LIFE COVENANT CHURCH vs TRUSTEES OF THE HARARE WETLANDS TRUST and DIRECTOR OF WORKS, CITY OF HARARE and CITY OF HARARE
Ruled By: MAVANGIRA JA, CHATUKUTA JA and MWAYERA JA

7 and 20 October 2021 Procedural Law-viz final orders re ex tempore judgement iro entitlement of litigating parties to written reasons for judgment.Procedural Law-viz citation ...

Appealed
SC74-20 : SHAILLON CHISWA vs CAR RENTAL SERVICES PL t/a AVIS RENT A CAR and BERNARD CHISWA
Ruled By: GARWE JA, MAVANGIRA JA and MAKONI JA

11 July 2019 and 12 June 2020 Law of Contract-viz contract of hire re car rental.Law of Contract-viz debt re acknowledgement of debt iro assumption of liability.Law ...

Appealed
SC74-14 : SUPERBAKE BAKERIES (PRIVATE) LIMITED vs RUMTOWERS SECURITY (PRIVATE) LIMITED
Ruled By: GWAUNZA JA, GARWE JA and GUVAVA JA

28 July and 30 July 2014 Procedural Law-viz summary judgment re claim for damages.Procedural Law-viz appeal re failure of appellant to appear before the court iro ...

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SC73-18 : MINISTER OF FOREIGN AFFAIRS vs MICHAEL JENRICH and STANDARD CHARTERED BANK ZIMBABWE and SHERIFF OF ZIMBABWE
Ruled By: MALABA CJ, GARWE JA, GOWORA JA, GUVAVA JA and MAVANGIRA JA

19 March 2018 and 31 October 2018 Procedural Law-viz cause of action re proceedings against international organisations.Procedural Law-viz case authorities re overturning of a Supreme Court ruling.Procedural ...

SC73-17 : TENDAYI TAMANIKWA and FRANK TINARWO vs ZIMBABWE MANPOWER DEVELOPMENT FUND and EMMERSON PAMIRE
Ruled By: GWAUNZA JA, BHUNU JA and UCHENA JA

19 September 2017 and 14 November 2017 Procedural Law-viz appeal re cross appeal.Procedural Law-viz appeal re cross-appeal.Labour Law-viz contract of employment re oath of secrecy.Labour Law-viz discipline ...

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SC73-14 : MUSA JOHNSON KWEDZA vs CHRISTINE KWEDZA (NEE MARTIN)
Ruled By: ZIYAMBI JA, GARWE JA and PATEL JA

7 May 2013 Family Law-viz division of the assets of the spouses re property registered under a company iro piercing the corporate veil.Family ...

SC72-20 : TAYENGWA MUSKWE vs LAW SOCIETY OF ZIMBABWE
Ruled By: GWAUNZA DCJ, MAKONI JA and BERE JA

11 and 12 November 2019 and 11 June 2020 Legal Practitioners-viz right of audience before the court re de-registration iro section 28 of the Legal Practitioners Act [Chapter 27:07].Labour ...

SC72-18 : MEIKLES LIMITED vs WIDEFREE INVESTMENTS (PRIVATE) LIMITED T/A CORE SOLUTIONS
Ruled By: BERE JA

27 July 2018 and 17 October 2018 Procedural Law-viz condonation.Procedural Law-viz appeal re reinstatement of an appeal iro Rule 70(2) of the Supreme Court Rules, 2018.Procedural Law-viz ...

SC72-14 : STREAMSLEAGH INVESTMENTS (PRIVATE) LIMITED vs AUTOBAND INVESTMENTS (PRIVATE) LIMITED
Ruled By: GARWE JA

16 September 2014 and 23 Septemebr 2014 Procedural Law-viz appeal re leave to execute pending appeal.Procedural Law-viz declaratory order re declaration of rights.Procedural Law-viz declaratur re declaration ...

Appealed
SC71-18 : CURECHEM OVERSEAS (PVT) LTD vs VADAC PROPERTIES (PVT) LTD
Ruled By: GARWE JA, GUVAVA JA and MAKONI JA

22 June 2018 and 30 October 2018 Law of Property-viz lease agreement re damages to leased premises.Law of Property-viz agreement of lease re damages to leased property.Procedural ...

SC71-17 : TELECONTRACT (PRIVATE) LIMITED vs POSTAL AND TELECOMMUNICATIONS REGULATORY AUTHORITY and MINISTER OF INFORMATION, COMMUNICATION, TECHNOLOGY, POSTAL AND COURIER SERVICES and ANOTHER
Ruled By: GWAUNZA JA, MAVANGIRA JA and UCHENA JA

16 October 2017 Procedural Law-viz final orders re ex tempore judgment.Procedural Law-viz declaratory order re section 14 of the High Court Act [Chapter ...

SC71-15 : SIMBI (STEELMAKERS) (PRIVATE) LIMITED vs M. SHAMU and OTHERS
Ruled By: GARWE JA, GOWORA JA and PATEL JA

18 June and 20 November 2015 Labour Law-viz employment contract-viz fixed term contracts.Labour Law-viz contract of employment re termination of fixed term contract iro section 12(3) ...

SC71-14 : EDWARD TAWANDA MADZA and OTHERS vs REFORMED CHURCH IN ZIMBABWE DAISYFIELD TRUST and REFORMED CHURCH OF ZIMBABWE and NAISON TIRIVAVI and DUTCH REFORMED CHURCH
Ruled By: ZIYAMBI JA, GARWE JA and HLATSHWAYO JA

7 March 2014 and 29 September 2014 Procedural Law-viz declaratory order re declaration of fact.Procedural Law-viz declaratur re declaration of fact.Procedural Law-viz rules of evidence re documentary ...

SC70-20 : CITY OF HARARE vs AMOS CHIKWANDA
Ruled By: BHUNU JA

19 and 20 February 2018 and 26 March 2020 Procedural Law-viz appeal re reinstatement of appeal iro Rule 34 of the Supreme Court Rules.Labour Law-viz discipline re disciplinary proceedings.Procedural ...

SC70-19 : ADRIAN READ vs JOHN GARDINER and SAFARI HUNTERS (PRIVATE) LIMITED
Ruled By: HLATSHWAYO JA, PATEL JA and MAVANGIRA JA

21 May and 19 September 2019 Procedural Law-viz condonation re time barred proceedings.Procedural Law-viz default judgment re rescission of default judgement.Law of Contract-viz debt re refund ...

Appealed
SC70-18 : YUNUS AHMED vs DOCKING STATION SAFARIS (PRIVATE) LIMITED t/a CC SALES
Ruled By: BHUNU JA

7 June 2018 and 1 November 2018 Company Law-viz directorship re personal liability of directors for debts of the company.Law of Contract-viz debt re the concept of ...

SC70-17 : TEL ONE (PRIVATE) LIMITED vs MARUFU A. CHIGAAZIRA
Ruled By: GWAUNZA JA, MAVANGIRA JA and UCHENA JA

17 October 2017 Procedural Law-viz final orders re ex tempore judgment.Labour Law-viz contract of employment re fixed term contracts.Labour Law-viz legitimate expectation re ...

SC70-14 : DOREEN SAGANDIRA vs MAKONI RURAL DISTRICT COUNCIL
Ruled By: MALABA DCJ, GARWE JA and OMERJEE AJA

19 March 2013 and 16 September 2014 Labour Law-viz employment contract re termination.Procedural Law-viz rules of evidence re documentary evidence.Labour Law-viz transfer of an employee.Labour Law-viz suspension ...

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