Court Judgements




(1) DOMBO CHIBANDA (2) PINGO WILBROAD KANDORORO (3) JOHN KANDWE V CITY OF HARARE (2021-06-29)
HLATSHWAYO JA:This is a chamber application for condonation for failing to note an appeal within the prescribed time limits and extension of time within which to note an appeal in terms of r 43 of the Supreme Court Rules, 2018 (the Rules). The applicants seek an order in the following terms: 1. The application for condonation for non-compliance with r 38 of the Supreme Court Rules, 2018 be and is hereby granted. 2. The application for extension of time within which to file and serve a notice of appeal in terms of the rules be and is hereby granted. 3.... More

(1) MICHAEL NYIKA (2) CHRISPEN TOBAIWA V (1) MINISTER OF HOME AFFAIRS (2) COMMISSIONER GENERAL OF POLICE (3) INSPECTOR DAMBURAI (4) LISBORNE CHIBANDA (2020-01-14)
This is an application made in terms of s 175(3) of the Constitution of Zimbabwe, 2013, for an order confirming a declaration of constitutional invalidity made by the High Court of Zimbabwe. 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) SPENCER TSHUMA V (1) KEVIN MAGWAZA (2) SEBASTIN MAGODO (3) MINISTER OF MINES AND MINING DEVELOPMENT N.O (4) HONOURABLE KUBONERA N.O (5) PROVINCIAL MINING DIRECTOR, MASHONALAND WEST N. O (6) THE SHERIFF FOR ZIMBABWE N. O (2020-07-28)
The applicant filed an urgent chamber application for the setting aside of para 11 of the High Court’s order made after hearing consolidated opposed applications in H/C 6272/19, H/C 6630/19 and H/C 6692. In para 11 of its order the court a quo ordered that: “Notwithstanding any appeal that the first respondent may file against this order, the operation of this order shall not be suspended by the filing of such an appeal.” The court a quo’s order in para 11 was clearly intended to render the anticipated appeal by the applicant ineffective as regards the suspension of the orders... More

(1) THE TRUSTEES FOR THE TIME BEING OF CORNERSTONE TRUST (2) JULIUS TAWONA MAKONI (3) THE TRUSTEES FOR THE TIME BEING OF RYVONNE TRUST V NMB BANK LIMITED (2021-09-24)
HLATSHWAYO JA: This is an appeal against the entire judgment delivered by the Honourable Justice Zhou in the High Court of Zimbabwe. The order sought to be impugned reads as follows: “IT IS ORDERED THAT: 1. Judgment be and is hereby given in favour of the plaintiff against the first, second and third defendants jointly and severally the one paying the others to be absolved for: (a) Payment of US$1 105 748.90 plus interest at the rate of 15 per cent per annum from the 9 September 2015 such interest calculated monthly and in advance on the said sum and... More

(1) TRIANGLE LIMITED (2) HIPPO VALLEY ESTATES LIMITED V (1) ZIMBABWE REVENUE AUTHORITY (2) ZIMBABWE SUGARCANE DEVELOPMENT ASSOCIATION (3) ZIMBABWE CANE FARMERS ASSOCIATION (4) MKWASINE SUGARCANE FARMERS TRUST (5) COMMERCIAL SUGARCANE FARMERS ASSOCIATION OF ZIMBABWE (6) HIPPO VALLEY PRODUCTIVE FARMERS ASSOCIATION (7) ZIMBABWE SUGARCANE DEVELOPMENT ASSOCIATION ROYAL TRUST (8) CHIPIWA MPAPA MILL GROUP (9) CHIREDZI PRODUCTIVE CANE GROWERS (10) FARAI DUMO AUGUSTINE MUSIKAVANHU (11) ROY BHILA (2021-07-01)
This is an appeal against the judgment of the High Court sitting at Masvingo delivered on 24 June 2020 which dismissed with costs the application made by the two appellants for a declaratory order and an interdict. FACTUAL BACKGROUND The two appellants are sugar producing giants in the Lowveld while the first respondent is the statutory body charged with revenue collection in Zimbabwe. The remainder of the respondents are either sugar cane farmers or associations representing such farmers. The respondents will be referred to in this judgment for convenience, as Zimbabwe Revenue Authority and the farmers respectively More

(1) ZIMBABWE LAW OFFICERS ASSOCIATION (2) DERECK CHARAMBA V (1) NATIONAL PROSECUTING AUTHORITY (2) THE PROSECUTOR GENERAL N.O. (3) MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS N.O. (4) COMMISSIONER GENERAL OF POLICE (5) ATTORNEY GENERAL (2019-02-19)
This is an application brought in terms of s 85(1) of the Constitution of Zimbabwe (hereinafter called ‘the Constitution’). The applicants seek an order declaring the employment of serving members of the security services, as prosecutors, to be unconstitutional. More


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