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Civil Cases

SC00-89 : ART CORPORATION LTD vs MOYANA
Ruled By: GUBBAY JA, McNALLY JA and MANYARARA JA

20 March and 25 April 1989 Labour Law-viz employment contract re termination iro termination on notice.Labour Law-viz termination of contract of employment re termination on notice ...

HMT58-19 : EVANS MULAUZI vs RUSAPE TOWN COUNCIL and SOLOMON GABAZA and TARISAI MANZONZO
Ruled By: MWAYERA J and MUZENDA J

12 June 2019 and 25 July 2019 Procedural Law-viz civil appeal.Procedural Law-viz rules of evidence re digital evidence iro photographic evidence.Law of Delict-viz negligence loss arising from ...

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HMT55-19 : CAMBRIA AFRICA PLC vs BREASTPLATE SERVICES (PRIVATE) LIMITED T/A NEMCHEM INTERNATIONAL
Ruled By: MUZENDA J

15 July 2019 Law of Contract-viz debt re contractual debt.Company Law-viz share transactions re disposal of shares.Procedural Law-viz rules of evidence re evidence ...

HMT53-19 : SHINGIRAI VAMBE vs RUSAPE TOWN COUNCIL
Ruled By: MWAYERA J and MUZENDA J

16 and 25 July 2019 Procedural Law-viz civil appeal.Delict Law-viz negligence re malicious execution against property.Local Authorities-viz land development re illegal structures.Law of Property-viz spoliation ...

HMT45-19 : JAMES DRYNAN vs MAGISTRATE N. N KUTURE and ZIMBABWE NATIONAL ROADS ADMINISTRATION
Ruled By: MUZENDA J

24 June 2019 Procedural Law-viz review.Procedural Law-viz default judgment re rescission of default judgement.Roads Management-viz vehicle licensing.Administrative Law-viz the exercise of administrative discretion.Procedural ...

HMT37-20 : ZIMBABWE REVENUE AUTHORITY and REGIONAL MANAGER (ZIMRA FORBES ENVIRONS REGIONS) and THE COMMISSIONER GENERAL (ZIMRA) vs EZEKIEL MASAMVU and ENOCK CHIBATI
Ruled By: MWAYERA J and MUZENDA J

25 March 2020 and 2 July 2020 Procedural Law-viz civil appeal.Procedural Law-viz appeal re findings of fact made by the trial court iro grounds of appeal.Procedural Law-viz ...

HMT35-20 : JANE NYAMUKUNDA vs GOLDEN SAOPA
Ruled By: MUZENDA J

8 June 2020 Procedural Law-viz condonation re time-barred proceedings iro late filing of proceedings.Procedural Law-viz rules of evidence re onus iro burden of ...

HMT34-20 : MARILYN BAXTER vs FUNGISAI CHIROCHANGU and RONALD CHIROCHANGU
Ruled By: MWAYERA J and MUZENDA J

25 March 2020 and 2 July 2020 Procedural Law-viz civil appeal.Procedural Law-viz appeal re findings of fact made by the trial court.Procedural Law-viz appeal re the exercise ...

HMT29-20 : THE TRUSTEES OF THE ARDA-TRANSAU RELOCATION DEVELOPMENT TRUST vs ZIMBABWE ELECTRICITY TRANSMISSION AND DISTRIBUTION COMPANY (ZETDC) (PVT) LTD
Ruled By: MWAYERA J

4 April 2020 Procedural Law-viz urgent chamber application.Socio-Economic Law-viz essential services.Procedural Law-viz urgent application re urgency iro humanitarian considerations.Procedural Law-viz urgent chamber application ...

HMT26-20 : AYAN TRADING (PRIVATE) LIMITED vs CLEARSKY (PRIVATE) LIMITED
Ruled By: MWAYERA J and MUZENDA J

19 February 2020 and 19 March 2020 Procedural Law-viz civil appeal.Procedural Law-viz appeal re findings of fact made by the trial court.Procedural Law-viz appeal re cross-appeal.Company Law-viz ...

HMT24-20 : MATCHES CHADENGA vs MAGISTRATE MANHIBI N.O. and THE PROSECUTOR GENERAL
Ruled By: MUZENDA J

17 February 2020 Procedural Law-viz citation re party acting in an official capacity iro nominee officii.Procedural Law-viz citation re party acting in an ...

HMT23-20 : IDAH TAGARIROFA vs NHEDZIWA HIGH SCHOOL DEVELOPMENT COMMITTEE
Ruled By: MUZENDA J

24 February 2020 and 12 March 2020 Procedural Law-viz declaratory order.Procedural Law-viz declaratur.Labour Law-viz discipline re misconduct proceedings.Procedural Law-viz res judicata re issue estoppel.Procedural Law-viz jurisdiction re ...

HMT14-20 : APOSTOLIC EJUWELL JEKENISHENI CHURCH vs THE INTERNATIONAL APOSTOLIC EJUWELL JEKENISHENI CHURCH and OTHERS
Ruled By: MUZENDA J

6 and 14 February 2020 Procedural Law-viz declaratory order.Procedural Law-viz declaratur.Law of Property-viz lease agreement re agreement of lease with a local authority.Law of Property-viz ...

HMT12-21 : EMMANUEL RENSBURG vs KENNEDY NGIRAZI and NAN JIANG MINE (PVT) LTD and MEGAMANIA AUCTIONEERS and THE HIGH COURT SHERIFF (N.O.)
Ruled By: MUZENDA J

24 March 2021 and 1 April 2021 Procedural Law-viz citation re party acting in an official capacity iro nominee officii.Procedural Law-viz citation re party acting in an ...

HMT12-20 : CHENESO MUVANDI vs CITY OF MUTARE and MATIVENGA MHISHI N.O. (as Executor of the Estate Late Washington Jekanyika)
Ruled By: MUZENDA J

27 January 2020 Procedural Law-viz citation re party acting in an official capacity iro nominus officiae.Procedural Law-viz citation re party acting in an ...

HMT09-20 : BENJAMIN SAMBARE vs SIMBARASHE SINANDAVA
Ruled By: MUZENDA J

27 January 2020 Law of Property-viz land acquisition re lawful authority to occupy gazetted land iro offer letter.Law of Property-viz double sale re double allocation of ...

HMT09-18 : MUBUSO CHINGUNO vs MINISTER OF LANDS, AGRICULTURE AND RURAL RESETTLEMENT and PROVINCIAL LANDS OFFICER MANICALAND and DISTRICT LANDS OFFICER CHIPINGE and COLONEL MAKUYANA
Ruled By: MWAYERA J

25 and 28 June 2018 Procedural Law-viz urgent chamber application re interim interdict pendente lite.Procedural Law-viz urgent application re urgency iro proceedings without notice.Procedural Law-viz ...

HMT08-19 : STELLA MASUNGA vs FORWARD KAPIYA
Ruled By: MWAYERA J and MUZENDA J

13 February 2019 and 7 March 2019 Procedural Law-viz civil appeal.Law of Property-viz vindicatory action re matrimonial dispute.Law of Property-viz rei vindicatio re marital dispute.Procedural Law-viz appeal ...

HMT03-19 : THE TRUSTEES OF THE UNITED MUTARE RESIDENTS AND RATEPAYERS TRUST (UMRRT) vs CITY OF MUTARE and THE MINISTER OF LOCAL GOVERNMENT, PUBLIC WORKS & NATIONAL HOUSING
Ruled By: MUZENDA J

24 January 2019 Procedural Law-viz citation re legal status of litigants iro legal persona.Procedural Law-viz locus standi re legal status of litigating parties ...

HMT02-19 : RUBEN ZIMONDI vs SECRETARY PUBLIC SERVICE COMMISSION and GENERAL COMMISSIONER OF THE PRISONS AND CORRECTIONAL SERVICE and MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS and PRESIDENT OF ZIMBABWE
Ruled By: MUZENDA J

24 January 2019 Labour Law-viz employment contract re termination iro public service.Labour Law-viz discipline re misconduct proceedings iro public service.Constitutional Law-viz constitutional rights ...

HMA55-19 : GREAT ZIMBABWE UNIVERSITY vs NESBERT MAREVERWA
Ruled By: WAMAMBO J

8 and 18th November 2019 Procedural Law-viz urgent chamber application re rei vindicatio.Procedural Law-viz urgent application re vindicatory action.Law of Property-viz rei vindicatio re claim ...

HMA54-19 : TANDIWE MHLANGA vs ZIMBABWE LAND COMMISSION and MINISTER OF LANDS, AGRICULTURE & RURAL RESETTLEMENT and MUNASHE SHOKO
Ruled By: MAFUSIRE J

2 February 2019 Procedural Law-viz citation re nominal interest party.Administrative Law-viz the exercise of administrative discretion.Law of Property-viz land acquisition re lawful authority ...

HMA54-18 : IN RE: WASHINGTON FUNGISAI MUDIMBU vs X
Ruled By: MAWADZE J

14 November 2018 Procedural Law-viz civil review re section 9 of the Guardianship of Minors Act [Chapter 5:08].Procedural Law-viz rules of evidence re ...

HMA52-19 : JUSTICE GUMBOCHUMA vs ZIMBABWE ELECTRICITY TRANSMISSION & DISTRIBUTION COMPANY
Ruled By: MAFUSIRE J

23 July 2019 Procedural Law-viz postponement of proceedings re postponement sine die.Procedural Law-viz deferment of a hearing re postponement sine die.Procedural Law-viz cause ...

HMA47-19 : TRIANGLE LIMITED and HIPPO VALLEY ESTATES LIMITED vs ZIMBABWE SUGAR MILLING INDUSTRY WORKERS UNION (ZSMIWU) and OTHERS
Ruled By: WAMAMBO J

3 and 16 October 2019 Procedural Law-viz urgent chamber application.Procedural Law-viz citation re multiple litigants.Procedural Law-viz cause of action re failure to file opposing papers ...

HMA47-17 : BRIAN ANDREW CAWOOD vs ELASTO MADZINGIRA and MINISTER OF LANDS & RURAL RESETTLEMENT
Ruled By: MAWADZE J and MAFUSIRE J

31 May 2017 and 6 September 2017 Procedural Law-viz appeal.Procedural Law-viz rules of evidence re documentary evidence.Land Acquisition-viz eviction re lawful authority to occupy gazetted land.Administrative Law-viz ...

HMA38-19 : BERRINGTON ZVANYANYA and OTHERS vs ZIMBABWE SUGAR MILLING INDUSTRY WORKERS UNION and OTHERS
Ruled By: MAFUSIRE J

23 May 2019 and 27 June 2019 Procedural Law-viz citation re multiple litigants.Procedural Law-viz citation re nominal parties.Procedural Law-viz cause of action re failure to file opposition ...

HMA37-18 : AMALGAMATED RURAL TEACHERS UNION OF ZIMBABWE [2] and OBERT MASARAURE vs ZIMBABWE AFRICAN NATIONAL UNION [PATRIOTIC FRONT] and MINISTER OF PRIMARY AND SECONDARY EDUCATION
Ruled By: MAFUSIRE J

16 and 17 July 2018 Procedural Law-viz urgent chamber application re leave to execute pending appeal.Procedural Law-viz appeal re leave to execute pending appeal.Procedural Law-viz ...

HMA36-18 : AMALGAMATED RURAL TEACHERS UNION OF ZIMBABWE vs OBERT MASARAURE and ZIMBABWE AFRICAN NATIONAL UNION [PATRIOTIC FRONT] and MINISTER OF PRIMARY AND SECONDARY EDUCATION
Ruled By: MAFUSIRE J

25 and 28 June 2018 Procedural Law-viz urgent chamber application.Procedural Law-viz locus standi re voluntary associations.Procedural Law-viz locus standi re un-incorporated associations.Procedural Law-viz rules of ...

HMA35-18 : NYAMUZARA ENTERPRISES [PVT] LTD vs LOVEMORE CHAPWANYA and ROBERT SHOPERAI and MUTOTI MUTOTI and MAPUTIRE BRIGHTON and THE SHERIFF OF THE HIGH COURT, MASVINGO N.O.
Ruled By: MAFUSIRE J

24 May 2018; 13 and 20 June 2018 Procedural Law-viz citation re party acting in an official capacity iro nominus officiae.Procedural Law-viz urgent chamber application re stay of ...

HMA34-18 : THE SHERIFF FOR ZIMBABWE vs RENSON MAHACHI and LEOMARCH ENGINEERING
Ruled By: MAFUSIRE J

13 June 2018 Procedural Law-viz judicial attachment re interpleader proceedings.Procedural Law-viz rules of evidence re onus iro burden of proof.Procedural Law-viz rules of ...

HMA31-17 : CHAMU MINING SYNDICATE vs SIBONGILE MPINDIWA N.O. and CHAMWANDOITA SYNDICATE
Ruled By: MAFUSIRE J

30 May 2017 and 21 June 2017 Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz opposing affidavit re deponent iro authority to defend legal ...

HMA30-18 : CHIDO MUROMBEDZI vs SMM HOLDINGS [PVT] LTD
Ruled By: MAWADZE J and MAFUSIRE J

30 May 2018 and 13 June 2018 Procedural Law-viz civil appeal.Law of Property-viz vindicatory action re eviction iro claim of right.Law of Property-viz rei vindicatio re eviction ...

HMA30-17 : ICON ALLOYS [PVT] LTD and TEID HARDWARE [PVT] LTD vs ARAFAS MTAUSI GWARADZIMBA N.O. and SMM HOLDINGS [PVT] LTD and MASVINGO RURAL DISTRICT COUNCIL and SHERIFF FOR ZIMBABWE
Ruled By: MAFUSIRE J

13 March 2017 and 20 June 2017 Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz urgent chamber application re stay of execution iro interim ...

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HMA28-20 : TRIANGLE LIMITED and HIPPO VALLEY ESTATES vs ZIMBABWE REVENUE AUTHORITY and OTHERS
Ruled By: ZISENGWE J

28 May and 24 June 2020 Tax Law-viz value added tax.Law of Contract-viz service agreements re value added tax.Procedural Law-viz declaratory order.Procedural Law-viz declaratur.Law of Contract-viz ...

HMA26-18 : DYNAMIC MINING SYNDICATE vs ZIMASCO (PVT) LTD and ENELY MUZENDA and BUSYWORK DUBE and PROVINCIAL MINING DIRECTOR, MIDLANDS PROVINCE and OFFICER IN CHARGE, LALAPANZI and ANOTHER
Ruled By: MAWADZE J

5 April 2018 Procedural Law-viz urgent chamber application.Mining-viz mining claim dispute.Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz appeal re ...

HMA22-18 : SIMBARASHE CHARUMA and PRINCE CHINDAWANDE vs THE REPUBLIC OF SOUTH AFRICA and THE MINISTER OF HOME AFFAIRS N.O.
Ruled By: MAFUSIRE J

1 and 13 February 2018; 9 March 2018 Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz rules of evidence re digital evidence iro CCTV camera ...

HMA21-19 : MR MBOZVI vs CHENGETAI SIDHUNA
Ruled By: MAWADZE J and MAFUSIRE J

27 March 2019 Procedural Law-viz civil appeal.Law of Property-viz proof of title re township property.Law of Property-viz proof of title re high density ...

HMA20-17 : FRANK NYAKU BADZA vs SMM HOLDINGS [PVT] LTD [Under Reconstruction] t/a SMM Properties
Ruled By: MAWADZE J and MAFUSIRE J

1 March 2017 and 5 April 2017 Procedural Law-viz appeal.Law of Property-viz Rent Regulations re exempt entities iro section 2(2) of the Rent Regulations 2007, S.I.32 of ...

HMA19-17 : VENGAI RUSHWAYA vs NELSON BVUNGO and THE SHERIFF FOR ZIMBABWE N.O.
Ruled By: MAFUSIRE J

21 and 27 March 2017 Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz urgent chamber application re stay of execution.Procedural Law-viz interim ...

HMA18-19 : BRIAN GAVA vs CHAMISA MAWERE and CHAMPION CHAKANETSA (as Executor of Estate Late Claudio Chakanetsa) and MISHECK MIZEKE and MESSENGER OF COURT – GWERU and CITY OF GWERU and REGISTRAR OF DEEDS – BULAWAYO N.O.
Ruled By: MAFUSIRE J

31 January 2019 Procedural Law-viz citation re party acting in an official capacity iro nominus officiae.Procedural Law-viz citation re party acting in an ...

HMA17-17 : MAIN ROAD MOTORS (Case 1) and SYLVIA CHORUWA (Case 2) vs COMMISSIONER – GENERAL, ZIMRA
Ruled By: MAFUSIRE J

6 February 2017 and 17 March 2017 Procedural Law-viz urgent chamber application re interim interdict pendente lite.Procedural Law-viz consolidation of matters.Procedural Law-viz urgent application re stay of ...

HMA15-16 : ANCILLA RUFASHA vs BINDURA UNIVERSITY OF SCIENCE EDUCATION and THE VICE CHANCELLOR and THE REGISTRAR and THE DEAN OF FACULTY AND COMMERCE
Ruled By: MAFUSIRE J

2 and 28 December 2016 Procedural Law-viz urgent chamber application.Education Law-viz examinations.Administrative Law-viz administrative decisions re the audi alteram partem rule.Procedural Law-viz urgent chamber application ...

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HMA13-19 : CONCILIA CHINANZVAVANA vs MINISTER OF JUSTICE, LEGAL & PARLIAMENTARY AFFAIRS and OTHERS
Ruled By: MAFUSIRE J

31 January 2019: 15 February 2019 and 13 March 2019 Constitutional Law-viz body established by the Constitution re tenure of life.Procedural Law-viz rules of construction re ambiguous provisions iro intention ...

HMA13-18 : JONATHAN CHIKUKWA vs BEAUTY and GAME DOLLAR
Ruled By: MAWADZE J

6 February 2018 Procedural Law-viz urgent chamber application.Legal Practitioners-viz right of audience before the courts iro self actors.Procedural Law-viz urgent application re the ...

HMA13-17 : COMMERCIAL SUGAR CANE FARMERS ASSOCIATION and ZIMBABWE CANE FARMERS ASSOCIATION and OTHERS vs THE MINISTER OF INDUSTRY AND COMMERCE and TRIANGLE LIMITED and HIPPO VALLEY ESTATES (PVT) LTD
Ruled By: MAWADZE J

15 February and 7 March 2017 Procedural Law-viz urgent chamber application.Procedural Law-viz recusal re judicial bias.Administrative Law-viz administrative directives.Procedural Law-viz rules of evidence re unchallenged evidence.Procedural ...

HMA12-18 : CONSTABLE CHIHWAI vs BOARD PRESIDENT N.O., CHIEF SUPERINTENDENT NYATHI M and COMMISSIONER GENERAL OF POLICE
Ruled By: MAFUSIRE J

18 January 2018 and 7 February 2018 Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz urgent chamber application.Procedural Law-viz cause of action re framing ...

HMA12-17 : BRIAN ANDREW CAWOOD vs ELASTO MADZINGIRA and THE MESSENGER OF COURT – MWENEZI N.O.
Ruled By: MAFUSIRE J

6 February 2017 and 6 March 2017 Procedural Law-viz urgent chamber application.Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz final orders re enforcement of ...

HMA07-17 : CHARLES MASANGO and GLORIA MASAWI vs MINISTER OF PRIMARY & SECONDARY EDUCATION N.O. and PUBLIC SERVICE COMMISSION and DISTRICT SCHOOLS INSPECTOR N.O.and HEADMASTER, CHINGOMA HIGH SCHOOL
Ruled By: MAFUSIRE J

14 and 17 February 2017 Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz urgent chamber application re stay of execution.Labour Law-viz employment ...

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HMA06-19 : WILLMORE MAKUMIRE vs MINISTER OF PUBLIC SERVICE, LABOUR & SOCIAL WELFARE and ATTORNEY GENERAL OF ZIMBABWE
Ruled By: MAFUSIRE J

27 August 2018 and 13 February 2019 Procedural Law-viz default judgment re failure to appear for hearing.Legal Practitioners-viz professional ethics.Constitutional Law-viz constitutionality of statutory provisions re Labour ...

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