|
Citation
|
Judgment date
|
| October 2022 |
|
|
Court corrected an omitted suspension period in sentence to five years and directed the magistrate to inform the accused.
Criminal review – Correction of sentencing omission – Suspended sentence – Insertion of omitted suspension period – Magistrate’s concession accepted – Obligation to inform accused of corrected sentence
|
29 October 2022 |
|
Whether a taxpayer may seek a High Court declaratur challenging the validity of tax assessments instead of internal objection and appeal.
Tax law — Validity of tax assessments — Objection (s62) and appeal (s65) applicable only to valid assessments — Declaratory relief in High Court under s14 where assessment challenged as invalid — Exhaustion of domestic remedies not required where remedies incapable of effective redress — Special Court limited to correctness, not validity
|
28 October 2022 |
|
Contempt application dismissed because the court order was ambiguous and impossible to perform, not wilful non‑compliance.
Civil contempt — requirements: valid order, service/notice, wilful and mala fide non‑compliance — ambiguity and impossibility of performance (lex non cogit ad impossibilia) defeat committal remedy
|
27 October 2022 |
|
Failure to give statutory notice under s196(1) Customs and Excise Act is fatal to spoliation proceedings against ZIMRA.
Spoliation – seizure of vehicle – application for spoliation – applicability of s196(1) Customs and Excise Act – statutory notice of action required before suing State or officers – peremptory requirement – authority of deponent to oppose without formal resolution – improper joinder withdrawn
|
26 October 2022 |
|
Superior courts will not interfere with a magistrate’s dismissal of a discharge application absent exceptional circumstances; a prima facie case and duty of care to the public were found.
Criminal procedure — review of interlocutory decision; discharge at close of State case; prima facie evidence; duty of care of occupier/constructor to public; foreseeability of harm; exceptional circumstances required for superior court interference
|
26 October 2022 |
|
Registrar lawfully returned an incomplete record; court ordered inclusion of specified documents and directed the appeal be set down.
Practice and procedure — Record of proceedings — No formal record kept by tribunal — Registrar’s quasi-judicial powers to require additional documents (High Court (Miscellaneous Appeals and Reviews) Rules/High Court Rules) — Mandatory interdict — Proper remedy where record incomplete — Mining disputes — inclusion of historical registration and inspection documents
|
26 October 2022 |
|
Pre-contractual deposit and application did not create a binding 2017 sale; no specific performance, application dismissed.
Contract formation – advertisement and pre-contractual steps – invitation to treat vs offer – deposit and application do not constitute concluded sale – identification of property required for enforceable sale – specific performance refused
|
26 October 2022 |
|
Issue estoppel and registered Deeds Office title entitled the plaintiff to summary eviction despite defendant’s fraud claims.
Property law — rei vindicatio — summary judgment — issue estoppel/res judicata — registered title in Deeds Office prevails — sale in execution (private treaty) lawful — inadequately pleaded fraud allegations do not defeat registered ownership
|
26 October 2022 |
|
Material disputes about payment and credibility preclude deciding a cancellation confirmation on motion; oral evidence required.
Contract law – Agreement of sale – Confirmation of cancellation under r 59 – Disputed payment of purchase price – Conflicting affidavits and receipts – Material disputes of fact – Motion vs action – Oral evidence required
|
26 October 2022 |
|
Prisoners’ claim to compel voter registration and voting dismissed as moot due to binding residency ruling by the Constitutional Court.
Constitutional law – right to vote (s 67(3)) – Electoral Act residence requirements (s 23) – mootness doctrine (personal stake vs issue mootness) – binding effect of Constitutional Court decision (Gabriel Shumba) – standing for public interest/class actions.
|
26 October 2022 |
|
Registration of title following an unlawful cancellation of a judicial sale is a nullity and must be cancelled by court order.
Deeds Registries Act s8; judicial sale in execution; sale perfecta; unlawful cancellation by Sheriff; registration following nullity; innocent purchaser; cancellation of registered title.
|
26 October 2022 |
|
Review court reduced an unduly harsh custodial sentence for a first-time robbery offender by suspending part on good-behaviour conditions.
Criminal law – Robbery – Sentencing of first offender – Plea of guilty – Suspension of portion of sentence on good-behaviour conditions – Review where magistrate accepts sentencing error.
|
26 October 2022 |
|
Urgent review dismissed: defective urgency certificate, lack of standing, and impermissible encroachment on judicial/prosecutorial independence.
Urgent application — certificate of urgency must follow founding affidavit; locus standi of statutory bodies; mandamus/mandatory interdict — requirements (prima facie right, irreparable harm, no alternative remedy); separation of powers — independence of judiciary and prosecution; relief rendered academic by subsequent events.
|
26 October 2022 |
|
Step‑father’s guardianship application dismissed for lack of statutory basis and improper, non‑independent curator ad litem.
Guardianship of minors – Competence of step‑parent’s guardianship application – Section 4(b) Guardianship of Minors Act – Curator ad litem independence required by r 61(4) – Best‑interests principle cannot cure lack of statutory foundation – Alternative remedy: adoption/Children’s Court.
|
25 October 2022 |
|
Court granted interim stay of execution and preserved funds pending resolution of concurrent proceedings, but kept the bank account frozen.
Civil procedure – stay of execution – execution of judgment – special circumstances required to halt execution; urgency – concurrent proceedings affecting relief; banker/customer relationship – bank’s obligations when served with writ/attachment.
|
25 October 2022 |
|
Interim stay granted of eviction and execution pending determination of rescission of default judgment.
Civil procedure — Urgent chamber application — Stay of execution pending rescission of default judgment — Writ of execution includes ejectment — Prima facie case and balance of convenience — Court may vary inelegant draft orders under r 60(9)
|
24 October 2022 |
|
A deed of settlement by transfer of specified stands constituted a binding compromise extinguishing the judgment debt; transfer ordered.
Civil procedure – Compromise (deed of settlement) – Variation of court order by agreement – Offer, counter-offer and acceptance by conduct – Compromise extinguishes judgment debt – Specific performance by cession/transfer of immovable property – Sheriff authorised to sign documents if parties default
|
24 October 2022 |
|
An anti-dissipation order was refused where an extant judgment had already denied the applicant a prima facie right to the funds.
Civil procedure – Anti-dissipation interdict – Requirements: prima facie right, imminent infringement, irreparable harm, no alternative remedy, balance of convenience – Rescission application does not automatically create prima facie right – Finality of judgments – Execution of extant court orders
|
21 October 2022 |
|
An award of company shares does not equate to ownership of company land; setting aside a registered transfer requires pleaded and proved fraud or bad faith.
Company law – Shareholding versus proprietary rights in company property; Civil procedure – locus standi in applications; Cause of action – requirement to plead and prove particulars of fraud or bad faith to impeach a transfer; Property law – setting aside transfers after registration; Costs – attorney and client scale where case is unparticularised and alleges fraud against non‑parties
|
21 October 2022 |
|
High Court may grant rei vindicatio: employee lacks retention right to employer housing despite Labour Court reinstatement.
Property law – Rei vindicatio – High Court jurisdiction over common-law property remedies arising from employment disputes; discretionary employer housing; employee’s right of retention; effect of Labour Court reinstatement on possession rights; costs – attorney and client
|
21 October 2022 |
|
Lessee entitled to interdict and declaratur protecting leasehold possession and ownership of improvements against unauthorised occupiers.
Property/lease law – lessee’s right to possession and ownership of improvements; Interdict – requirements under Setlogelo; Section 14 High Court Act – declaratur and ancillary relief; Unauthorised occupation and accounting; Approbate and reprobate (inconsistent sworn positions).
|
21 October 2022 |
|
Accused acquitted of murder after court found she acted in self-defence against prolonged domestic abuse.
Criminal law — Domestic violence and sexual abuse — Self-defence as complete defence where unlawful attack is ongoing or imminent — Reasonableness and necessity of defensive force — Provocation as partial defence — Admissibility of confirmed warned and cautioned statements and post-mortem report.
|
21 October 2022 |
|
|
20 October 2022 |
|
Applicant with ministerial offer letter granted interim interdict against respondent unlawfully occupying allocated plot; punitive attorney-and-client costs awarded.
Urgent interdict — A1 land offer letter establishes prima facie right to occupy — urgency, irreparable harm and balance of convenience satisfied — punitive attorney-and-client costs for persistently baseless occupation after prior adverse order
|
19 October 2022 |
|
An appeal seeking substitution with an eviction order was incompetent where the court a quo dismissed for lack of jurisdiction.
Civil procedure — competence of appellate relief — substitution versus remittal — fatally defective notice of appeal; jurisdictional dismissal by court a quo; eviction and holding-over damages; s 31(1)(a) High Court Act; appeal struck off roll
|
19 October 2022 |
|
At pre-trial court struck defence and ordered eviction to enforce an existing order for sale of estate property.
Civil procedure — Pre-trial conference — Striking out defence under r 49(12) — Enforcement of prior order to sell estate property — Eviction of occupiers obstructing sale — Beneficiaries’ buy-out claim not a triable defence
|
19 October 2022 |
|
Application for rescission under r29 dismissed: substantive defences do not establish that a default judgment was "erroneously granted."
Civil procedure — Rescission under r 29 — "Erroneously granted" requires a dispositive fact of which court was unaware; service and wilful default not determinative for r 29 — Distinction between r 29, r 27 and common-law rescission — Alleged illegality (exchange control breach) and prescription are substantive defences, not necessarily grounds for r 29 rescission
|
19 October 2022 |
|
Exception and special plea dismissed: pleadings, though lengthy, sufficiently disclose a cause of action; currency and prescription issues reserved for trial.
Civil procedure — Exception for prolix or vague pleadings — causa must be discernible; if identifiable, exception will fail. Contract/currency — entitlement to foreign currency damages depends on contract and factual/legal inquiry at trial. Prescription — special plea raising interruption (including COVID‑19 Practice Directions) is a factual issue for trial.
|
19 October 2022 |
|
A local authority may not withhold a rates clearance certificate from the applicant when outstanding rates are paid.
Urban Councils Act s 282(2)(b) – Rates clearance certificates – Interpretation by literal rule – 'Rates and charges' do not include certificate of compliance for land servicing – Local authority cannot withhold rates clearance where rates are paid.
|
19 October 2022 |
|
Whether errors in Gazette notices invalidate State vesting of gazetted agricultural land.
Land acquisition — Constitution (Amendment No.17) s16B — Schedule 7 gazetted agricultural land — effect of errors or inconsistencies in Gazette notices — vesting of title in the State — validity of subsequent lease under SI 62/2020.
|
19 October 2022 |
|
Urgent interdict struck off for seeking relief against past act and failing to seek suspension against the garnishee bank.
Revenue collection – garnishee notices – urgency triggered by service on bank – interdict against past completed acts – requirement to seek suspension of implementation and relief against garnishee agent – dispute over recovery of mining royalties/currency of payment.
|
19 October 2022 |
|
Whether an oral phased parking-system agreement for 5,000 bays created enforceable obligations, and whether phase two was a condition precedent.
Contract law – oral (verbal) contract – phased agreement – condition precedent for phase two – software licence as part of contract – specific performance discretionary – prescription of debt – assessment of witness credibility.
|
19 October 2022 |
|
Default judgment obtained by fraud cannot be revived; purchaser’s contractual claims were prescribed or forfeited and eviction was ordered.
Civil procedure – Declaratory relief (s 14 High Court Act) – locus standi; Prescription – extinctive prescription of contractual claims; Contract – cancellation of sale agreement by sworn affidavit and forfeiture of enforcement rights; Property – actio rei vindicatio/eviction; Fraudulently obtained default judgment and perjury – non-revival of tainted judgment; Costs – attorney and client scale for abusive litigation conduct
|
18 October 2022 |
|
Court granted interim interdict preserving status quo over disputed land due to applicant’s valid offer letter and risk of irreparable harm.
Interdict — Interim relief — Urgency — Status quo pending related proceedings — Validity of offer letter reinstated by prior judgment — Registration of lease not necessarily fatal to interlocutory relief — Alternative remedies
|
18 October 2022 |
|
High Court may hear first-instance bail; bail granted where State failed to substantiate statutory grounds to deny it.
Bail pending trial; High Court original jurisdiction on bail; Magistrate jurisdiction; s117(2) grounds (abscond, interfere with witnesses, further crimes, undermine justice); State's burden to substantiate; presumption of innocence and right to liberty.
|
17 October 2022 |
|
Defective service of a court order precludes a prima facie contempt case and defeats urgency for interim relief.
Mining dispute; service of court orders – r 15(4) High Court Rules; sheriff service required unless court authorises otherwise at time of grant; no retroactive cure by substantial compliance or r 7; absence of service defeats prima facie contempt and urgency
|
13 October 2022 |
|
Summary judgment dismissed where defendants raised plausible statutory tenancy and tacit relocation defences.
Summary judgment — timing before pre-trial conference (R30); statutory tenancy — validity of Commercial Premises (Rent) Regulations pending Constitutional Court confirmation; tacit relocation (implied relet); improvement lien — triable issue; unliquidated holding-over damages; low threshold for defendant’s plausible defence.
|
13 October 2022 |
|
Condonation for a late challenge to a confirmed judicial sale refused due to inordinate delay, non-prosecution, and need for finality.
Execution law – Judicial sale – Condonation for late challenge to confirmation of sale – Requirements: satisfactory explanation for delay, prospects of success, and finality; non-prosecution and defective pleadings fatal
|
12 October 2022 |
|
"Costs of the day" are limited to wasted costs directly caused by the postponement; ordinary trial preparation is disallowed.
Civil procedure – Taxation of costs – "Costs of the day" defined as wasted costs directly caused by postponement; test: costs must be rendered useless and unnecessary by postponement
Wasted costs – witness preparatory attendances may be recoverable; counsel's trial preparation generally not
Costs in the cause – ordinary trial preparation disallowed
|
12 October 2022 |
|
A notice of withdrawal filed after a matter is set down is invalid without consent or leave; leave to appeal was refused.
Civil procedure – Dismissal for want of prosecution – Chamber application inseparable from underlying matters – Notice of withdrawal filed after set down invalid without consent or leave – Grounds of appeal must be clear and concise – Leave to appeal requires reasonable prospects of success
|
12 October 2022 |
|
Applicants failed to prove good and sufficient cause to rescind a 14‑year‑old consent ejectment order.
Civil procedure – Rescission of consent judgment – Rule 21 High Court Rules – "good and sufficient cause" required – allegations of lack of authority and fraud must be proved – delay and documentary record relevant
|
12 October 2022 |
|
Executive failure to enact legislation required by section 198 breaches section 324; mandamus ordered to gazette Bill within three months.
Constitutional law – Chapter 9 (Principles of Public Administration and Leadership) – s198 duty to provide measures (asset disclosure, codes of conduct, governance standards, discipline) – s324 obligation to perform diligently and without delay – mandamus to compel legislation – executive responsibility to initiate legislation – non-joinder not fatal
|
12 October 2022 |
|
Whether a purported sale was a simulated loan evading the Banking Act, rendering the agreement void ab initio.
Banking Act s 5 – unlawful banking business/unauthorised extension of credit – simulated sale – commercial-sense test – transaction void ab initio – court cannot enforce illegal contract; extrinsic evidence and surrounding circumstances relevant to determine true nature of contract
|
12 October 2022 |
|
Substituted service for a civil imprisonment summons refused: personal service is mandatory absent unusual circumstances.
Civil procedure — substituted service (r19) — personal service mandatory where liberty at stake (r15(12)) — substituted service only in unusual circumstances — service on attorneys not assumed to have agency insufficient
|
12 October 2022 |
|
Interlocutory appeal against refusal of absolution is premature absent exceptional circumstances; appeal dismissed with higher-scale costs.
Civil procedure – interlocutory appeals – appeal against refusal of absolution from instance – Magistrates’ Court Act s 40(2)(b) – final and definitive judgments – superior court intervention only in exceptional circumstances to prevent grave injustice; eviction – locus standi based on government offer letter – prima facie proof of right.
|
12 October 2022 |
|
Rescission refused where applicant failed to prove judgment was erroneously granted or to establish a direct substantial interest.
Civil procedure — Rescission of default judgment (r 29) — Alleged direct and substantial interest — Non-joinder/misjoinder not per se 'erroneously granted' — Importance of answering affidavit and proof of lease/service.
|
12 October 2022 |
|
Condonation and rescission refused for inordinate delay, lack of bona fide defence and wilful default.
Civil procedure – Condonation for late application – Rescission of default judgment – Inordinate delay and inadequate explanation – Prospects of success – Onus to prove proceeds of prior sale in execution – Wilful default; attorney’s negligence not automatically exculpatory – Administration of justice and finality.
|
12 October 2022 |
|
Applicant's denial of service failed to rescind enforcement; rescission requires apparent error or attack on main judgment.
Civil procedure — Rescission of default judgment — High Court Rules r29(1)(a) — requires apparent substantive error or new facts — enforcement judgments derive from main judgments and cannot be rescinded without attacking main order — bare denial of service insufficient — costs on legal practitioner and client scale where application is hopeless.
|
12 October 2022 |
|
Court declined review and required exhaustion of remedies before the Zimbabwe Land Commission before compelling land allocation.
Administrative law — Administrative Justice Act s3–s4 — Limits of High Court remedies — Court cannot compel specific substantive administrative allocation — Exhaustion of domestic remedies — Zimbabwe Land Commission jurisdiction under Constitution and Land Commission Act (Ch 20:29) — Discretion to decline jurisdiction where constitutional body is functional and complaint pending.
|
12 October 2022 |
|
A pre‑2019 judgment debt expressed in US$ was held to be converted to RTGS at 1:1 under S.I.33/2019 and the Finance Act.
Currency conversion – S.I. 33 of 2019 and Finance Act No.2/2019 – judgment debts expressed in US$ before 22 February 2019 deemed RTGS at 1:1; High Court power to grant declaratur; enforcement of writs and scope of statutory exceptions (s 44C(2)).
|
12 October 2022 |