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Citation
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Judgment date
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| March 2023 |
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30 March 2023 |
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30 March 2023 |
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30 March 2023 |
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Whether a protective interim order may remain operative pending appeal to prevent respondents disposing of the disputed property.
Civil procedure – interim relief; effect of noting an appeal – suspension of execution versus continuance of interim orders; preservation of res litigiosa; balance of convenience; amendment of provisional order
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29 March 2023 |
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Whether an English financial order awarding all matrimonial immovable property to one spouse is registrable in Zimbabwe given domicile and public policy constraints.
Conflict of laws – Registration and enforcement of foreign divorce and financial orders – Matrimonial Causes Act s 12 (domicile requirement) – Public policy defence to recognition – s 7 fair distribution considerations – Civil Matters (Mutual Assistance) Act inapplicable (UK not designated)
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29 March 2023 |
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Written sale agreement and payment entitled applicant to specific performance; respondent’s oral loan defence and cancellation claim failed.
Specific performance; sale of immovable property; validity and effect of written agreement; parol evidence rule and entire-agreement clause; inadmissibility of unidentified audio transcript; caveat subscriptor; court cannot itself cancel contracts
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29 March 2023 |
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29 March 2023 |
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29 March 2023 |
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29 March 2023 |
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Rescission denied where default was negligent and the defence lacked prospects after prolonged withholding of rent.
Civil procedure – Rescission of default judgment (Rule 27) – "Good and sufficient cause" – wilful default versus negligence – requirement of bona fide defence with prospects of success – withholding rent and prejudice to lessor
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28 March 2023 |
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High Court lacks jurisdiction to compel parliamentary consultations under section 141; the Constitutional Court has exclusive jurisdiction.
Constitutional jurisdiction — exclusive jurisdiction of the Constitutional Court to determine whether Parliament failed to fulfil a constitutional obligation (s167(2)(d)); Mandamus — remedy requiring determination of constitutional compliance with s141(b) for public consultations; Separation of powers — judicial intrusion into parliamentary processes; Public participation — obligations under s141(a) and (b)
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28 March 2023 |
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28 March 2023 |
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28 March 2023 |
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Applicant failed to prove a prima facie contractual right to buy leased property; interim interdict dismissed with costs.
Property law; provisional interdict — prima facie right; meeting of minds; public procurement/disposal statutory compliance; tenant’s alleged right of first refusal; abuse of court process
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27 March 2023 |
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Court found urgent public-interest environmental interdict maintainable and dismissed preliminary procedural objections.
Urgent application; interdict pendente lite; environmental protection of World Heritage site; locus standi for public-interest applicants; procedural defects not fatally prejudicial; material disputes of fact; Rule 60(9) — power to amend orders
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27 March 2023 |
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27 March 2023 |
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Urgent application struck off for material non-disclosure of a contractual USD payment obligation, constituting self-created urgency.
Urgency — urgent chamber application — material non-disclosure — self-created urgency — Secure Power Supply Agreement — foreign currency billing — validity of contract reserved for substantive hearing
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24 March 2023 |
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Whether execution of an ejectment default judgment may be stayed where an executor asserts a prior court‑ordered interest in the land.
Civil procedure – Stay of execution – Default judgment for ejectment – Whether writ enforceable against non‑cited executor with prior court order and substantive interest – Competing titles and alleged ultra vires sheriff allocations – Tenant’s personal rights insufficient in vindicatory action
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24 March 2023 |
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Applicants used the wrong urgent procedure to challenge a provisional order; Form 26/r 60(11)(a) provides the proper route, application struck with costs.
Urgent chamber application — Rule 59(6) High Court Rules 2021 — Provisional order — Form No. 26 and r 60(11)(a) procedure for opposing provisional orders — Proper procedure for rescission/setting aside provisional/default judgments — Improper urgent procedure — Matter struck from roll with costs
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22 March 2023 |
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Rescission refused: wilful default proven by circumstantial evidence and rescission impracticable after plaintiff’s death.
Rescission of default judgment; wilful default; circumstantial evidence of service; notice of appearance to defend; matrimonial causes; transmissibility of divorce claim; discretion to refuse rescission
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22 March 2023 |
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A shareholders' agreement did not extinguish the deed of settlement; the US$2.5m debt remained enforceable and aircraft were specially executable.
Civil procedure — Deed of settlement as a compromise/novation — Effect of shareholders' agreement and alleged debt-for-equity swap — Whether debt extinguished — Enforcement without notice — Special execution of aircraft as security
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17 March 2023 |
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Condonation and leave to appeal granted where appellate judgment failed to address trap evidence and credibility, raising prospects of success.
Criminal law — bribery — condonation for late noting of appeal — leave to appeal to Supreme Court — admissibility and legal validity of police trap — circumstantial evidence and assessment of credibility — sufficiency of reasons in trial and appeal judgments — sentencing discretion.
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16 March 2023 |
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Settlement of principal can permit dismissal, but costs follow the suit and must be tendered before withdrawal.
Inherent jurisdiction of High Court to regulate its process; dismissal where cause of action extinguished by settlement; costs follow the suit; withdrawal requires tender of costs; costs recoverable despite payment of principal
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15 March 2023 |
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An application for condonation of a 14‑year delay to rescind a judgment was dismissed for inadequate explanation and weak prospects.
Civil procedure — Condonation — Rule 29(2) High Court Rules — delay and explanation — prospects of success — finality of litigation — rescission of judgment — long‑running property dispute — severability of defective orders
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15 March 2023 |
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Mandatory minimum penalties require careful inquiry into special circumstances and full consideration of mitigatory factors for unrepresented accused.
Criminal law — Railways Act s38(4) — strict liability offence — mandatory minimum sentence — duty to canvass and record special circumstances — unrepresented and youthful accused — improper admission of exhibit; defective record vitiating conviction and sentence.
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15 March 2023 |
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High Court cannot order release of seized exhibits while related criminal proceedings remain pending under s 61(1).
Criminal procedure — Release of seized articles — s 61(1) Criminal Procedure and Evidence Act — Presiding magistrate/judge empowered to order return or forfeiture at conclusion of trial — High Court original jurisdiction subject to statutory limitation — Pending criminal proceedings and complainant withdrawal do not conclude prosecution — Abuse of process
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14 March 2023 |
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Plaintiffs failed to prove lease renewal or possession; absolution granted on eviction claim and costs awarded to defendant.
Leasehold dispute — lease-to-buy — requirement to prove renewal and possession to sue for ejectment — absolution from the instance — inadmissibility of fresh evidence after close of case — joinder of owner where title disputed
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13 March 2023 |
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Declaratory claims prescribe; awareness of alleged will triggers prescription; minor lacked capacity so claim struck off.
Prescription – declaratory claims – whether a declaratur prescribes; cause of action arises on awareness of alleged will; interruption/delay under Prescription Act ss 6 and 7; minors' capacity to sue (locus standi) and striking off proceedings
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13 March 2023 |
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Applicant’s challenge to estate sale under Administrative Justice Act dismissed for failure to exhaust statutory remedies and re-litigation.
Administrative Justice Act s3 & s4 — Court’s discretion under s7 to decline applications where other remedies exist; Estate administration — Master’s consent to sell and confirmation of liquidation and distribution account; Administration of Estates Act s52(9) — requirement and time limits for objections to distribution accounts; Abuse of process/attempted ‘back-door’ condonation following earlier dismissed condonation and appeal
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9 March 2023 |
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Applicants impermissibly sought to relitigate estate-sale issues under the Administrative Justice Act instead of exhausting prescribed estate remedies.
Administrative Justice Act – misuse to relitigate resolved matters; Administration of Estates Act – prescribed objection and review time-limits; Master’s duty to consider distribution account and notify of objections; s7 discretion to decline relief where other remedies exist
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9 March 2023 |
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Applicant may not relitigate an estate sale via the Administrative Justice Act after failing to lodge timely objections and pursue available remedies.
Administrative Justice Act — s3 fairness, lawfulness and reasonableness of administrative action; s4(1) remedy subject to other law; s7 judicial discretion to decline entertainment where other remedies exist — Administration of Estates Act (s52(9)) — objections to liquidation and distribution account — non-exhaustion of remedies; abuse of process; challenge to sale of deceased estate property
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9 March 2023 |
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Failure to act within dies induciae in a chamber application does not automatically bar a party; opposition filed outside the period remains valid.
Civil procedure – Chamber applications – dies induciae – Failure to act within time does not automatically bar a party – No procedure to bar parties in chamber applications – High Court Rules r37(3) and r39 – Notice of opposition valid – Application to dismiss refused
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9 March 2023 |
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9 March 2023 |
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9 March 2023 |
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Magistrate erred by deciding a servitude/access road dispute via interdict rather than using statutory administrative remedies.
Administrative law – access roads and servitudes – Roads Act, Land Acquisition Act and Land Commission Act – exhaustion of statutory/administrative remedies – review of magistrate’s decision – in loco inspection and reliance on non‑statutory indication by acting lands officer – misdirection warrants setting aside decision
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8 March 2023 |
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8 March 2023 |
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3 March 2023 |
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3 March 2023 |
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3 March 2023 |
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A customary marriage contracted while a party remained civilly married is a legal nullity; no succession rights as surviving spouse.
Administration of Estates Act s 68(3) proviso — validity of customary marriage contracted during undissolved civil marriage — nullity of marriage — succession rights — constitutionality and equality before the law — Deceased Estates Succession Act s 3A inapplicable
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2 March 2023 |
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2 March 2023 |
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2 March 2023 |
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A review of an interlocutory refusal to discharge at the close of the State’s case was an abuse of process and was dismissed.
Criminal procedure — review of unterminated proceedings — refusal to discharge at close of State’s case — review vs appeal — exceptional circumstances required for interference
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1 March 2023 |
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Court dismissed review of a securities regulator's migration Directive for failure to prove ultra vires or procedural unfairness.
Administrative law – judicial review – securities regulation – directives v rules – section 4 and Schedule 1 vs section 118 (rules) of SECZ Act – procedural fairness (s 111 SECZ Act; ss 3–4 Administrative Justice Act) – alleged infringement of property rights – locus standi and class action considerations
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1 March 2023 |