Court Judgements




Supreme Court Judgements

(1) HWANGE COLLIERY COMPANY LIMITED (2) DALE SIBANDA N.O V PALEHOUSE INVESTMENTS (PRIVATE) LIMITED (2023-07-07)
This an appeal against the whole judgment of the High Court (the court a quo) sitting at Harare dated 1 March 2022, setting aside the second appellant’s decision to deny the respondent leave to sue the first appellant and granting the respondent leave in terms of s 6 (b) of the Reconstruction of State Indebted Insolvent Companies Act [chapter 24:27] (the Act) to institute proceedings against the first appellant for damages for breach of contract. More

(1) MEDICAL PROFESSIONAL AND ALLIED WORKERS UNION (2) BOND MATENGA (3) TAURAI MAVATA (4) TECLA BARANGWE V (1) JULIET CHIRENJE (2) MICHAEL SOZINYU (3) MUNYARADZI MAREGEDZE (4) NATIONAL EMPLOYMENT COUNCIL FOR THE MEDICAL AND ALLIED INDUSTRY (5) MINISTER OF LABOUR AND SOCIAL WELFARE (2022-02-25)
This is the unanimous decision of this Court. This is an appeal against the whole judgment of the High Court handed down on 25 January 2021 dismissing the appellant’s claims for recognition as the legitimate Medical Professionals and Allied Workers Union and ancillary relief. The court a quo found that the meetings of 30 and 31 January 2018 had been meetings of the National Council of the Union and that not only were they properly convened but they also constituted a quorum. It also found that there was a breach of the constitution of the union in convening the congress... More

(1) MINING COMMISSIONER – MASVINGO N.O (2) MINING AFFAIRS BOARD (3) MINISTER OF MINES AND MINING DEVELOPMENT V FINER DIAMOND (PRIVATE) LIMITED (2022-03-21)
The first applicant is the erstwhile Mining Commissioner for Masvingo a post which he says has since been abolished. No issue arises from the said abolition of post. The second applicant is a quasi-judicial board established in terms of s 6 of the Mines and Minerals Act [Chapter 21:05] whereas the third applicant is the Minister responsible for the administration of the Act. On the other hand the respondent is a mining concern holding various mining blocks within the first applicant’s area of jurisdiction. More

(1) MUSA MENK (2) SHABIR AHMED MENK (3) ISMAIL MUSA MENK V (1) IBRAHIM MUSA ASMAL MATERIA (2) RASHID AHMED MATERIA (3) ZAKARIYYA MATERIA (2019-04-04)
This is an appeal against the entire judgment of the High Court of Zimbabwe sitting at Harare handed down on 16 November 2016 in which the following order was granted: 1. “That it be and is hereby declared that the appointment of the executive committee of the Al Falaah Trust is invalid as it is not in accordance with the terms of the Notarial (sic) Deed of Trust and is therefore an unlawful delegation of the powers of the trustees. 2. That it be and is hereby declared that any decisions and actions taken in the name of the executive... More

(1) NESBERT MUKORA (2) LIANGMIN JIN V FISHROD INVESTMENTS (PRIVATE) LIMITED AND 16 OTHERS (2021-05-20)
After the provisional order had been granted, the first respondent sought the joinder of the appellants which was granted. On the return date the High Court, after hearing the parties, granted an order which had not been sought by either party. The appellants noted an appeal against that order and raised four grounds of appeal of which the third ground attacked the granting of an order not sought by the parties. In their Heads of Argument, the respondents conceded that the court a quo had irregularly granted an order not sought by the parties. More


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