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Citation
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Judgment date
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| November 2023 |
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3 November 2023 |
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Failure to serve the prescribed written notice of appearance bars a defendant despite appearance‑book entry; eviction ordered against third and fourth defendants.
Civil procedure — Appearance to defend — High Court Rules r 20(6) — Requirement to serve written notice on plaintiff within seven days — Entry in appearance book insufficient — Failure to serve results in bar — Unopposed roll and eviction order
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3 November 2023 |
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3 November 2023 |
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3 November 2023 |
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3 November 2023 |
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Plaintiff failed to prove lack of authority to sell; transfers upheld and relief dismissed due to credibility and 'dirty hands'.
Property law – disposal of jointly owned immovable property – authority to sell – power of attorney and letters of entrustment – onus of proof – credibility and clean hands doctrine – questioned document evidence – innocent third‑party transferees
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2 November 2023 |
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1 November 2023 |
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1 November 2023 |
| October 2023 |
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Owner’s rei vindicatio succeeded; spouse’s bare claim of occupation and unchallenged alleged clandestine transfer insufficient to resist eviction.
Property law – rei vindicatio – proof of title shifts onus to occupant to justify possession – spouse’s possession not a defence without challenging transfer; Procedure – motion proceedings – deponent’s authority may be proven in answering affidavit; material disputes of fact must be particularised to preclude resolution on papers
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31 October 2023 |
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An extant court order authorising transfer cannot be reversed directly; alleged fraud requires an application for rescission.
Titles Registration and Derelict Lands Act – effect of judicial orders on transfer – extant court order binds parties until set aside – alleged fraud in obtaining order must be pursued by rescission – direct attack on transfer without rescission procedurally irregular
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31 October 2023 |
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31 October 2023 |
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Plaintiff’s delict claim prescribed; abandoned earlier proceedings did not interrupt prescription; costs awarded to defendants.
Prescription Act (s15(d), s16(3), s19(3)(a)) – delictual claim – running and interruption of prescription – abandoned proceedings do not interrupt unless prosecuted to final judgment – date of cause of action; pleadings binding; future medical expenses do not delay prescription
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31 October 2023 |
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31 October 2023 |
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31 October 2023 |
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Court granted default judgment at case management, relying on criminal conviction and corporate liability to award duties, interest and punitive costs.
Commercial Division — case management (r18) — power to dispose of suits and enter default judgment; Civil Evidence Act s31 — criminal conviction admissible and prima facie presumption of conduct in civil proceedings; Criminal Law s277 — corporate liability for acts of directors/employees; Companies Act s68(3) — personal liability of directors requires proper citation and pleading; costs — legal practitioner-to-client scale for improper conduct
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30 October 2023 |
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Failure to prove valid service renders an opposition ineffective and a joinder application liable to be struck off the roll.
Civil procedure — dismissal for want of prosecution — answering affidavit or set down within one month — chamber application formalities — minor omissions may be condoned under court’s discretion — service of process must be proved when challenged; lack of valid service renders opposition ineffective
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30 October 2023 |
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High threshold for refusing registration of an arbitral award on public policy; court registered and enforced the award.
Arbitration – Registration and enforcement of arbitral award – Article 35/36 – Public policy standard – High threshold for refusal; factual/legal errors insufficient – Rectification/interpretation of contract – Eviction and monetary relief enforcement
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30 October 2023 |
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Leave to appeal granted where Labour Court dismissed review on technicalities without addressing procedural fairness of internal appeal.
Labour law – leave to appeal – appeals to Supreme Court from Labour Court limited to questions of law – procedural fairness and natural justice in internal appeal processes – misdirection by deciding on unraised technicalities – prospects of success for leave to appeal
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30 October 2023 |
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Leave to appeal granted where Labour Court dismissed a review on a technicality without addressing core procedural fairness issues.
Labour law – leave to appeal – appeal on question of law – review of dismissal for failure to hear appeal – procedural fairness and natural justice – avoiding technicalities in labour disputes
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30 October 2023 |
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Gifted property may still be treated as an asset of the spouses and distributed equitably; custody, maintenance and equalization ordered.
Divorce — division of assets — ‘assets of the spouses’ under Matrimonial Causes Act s7 — gifted property may fall for distribution; direct and indirect contributions; maintenance of minor — means and standard of living; custody and access; assessment of credibility
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27 October 2023 |
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27 October 2023 |
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Appeal struck off because the grounds failed to meet rules requiring concision and particularisation of alleged errors.
Civil appeal — Notice of appeal must comply with rules — Grounds of appeal must be concise, precise and particularise findings of fact or law criticised — Failure to particularise or to state basis of attack renders grounds invalid — Appeal struck off
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26 October 2023 |
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Rescission refused where applicant, aware of provisional order, wilfully defaulted by not filing notice of opposition.
Civil procedure - rescission of confirmed provisional order - r 29(1)(a)
High Court Rules - requirement to prove order made in absence and court error - service and notice of opposition - wilful default
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26 October 2023 |
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26 October 2023 |
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Court upheld revenue authority’s foreign-currency tax and VAT assessments and rejection of cross-currency VAT offsets; application dismissed.
Tax law — validity of assessments; statutory requirements for assessments; payment of tax in foreign currency for foreign-currency receipts despite RTGS sole legal tender; no cross-currency VAT set-off; penalties (additional tax) follow currency of underlying tax
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25 October 2023 |
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An interim interdict was granted to stop mining and ore removal pending resolution of a boundary dispute and appeal to protect court process.
Mining law — boundary dispute between adjoining mining claims — interim interdict to restrain mining and removal of ore pending determination and appeal — locus standi — lis pendens — urgency — protection of court process
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25 October 2023 |
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Applicant prematurely sought court review without first exhausting s283 Provincial Assembly dispute-resolution remedies.
Traditional leaders — Appointment and succession — s 283 Constitution and s 3 Traditional Leaders Act — nomination v appointment distinction — requirement to refer disputes to Provincial Assembly of Chiefs before judicial review — representation under High Court r 58(4)
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25 October 2023 |
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25 October 2023 |
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25 October 2023 |
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Applicant lacked standing under s223 because a valid termination of membership remained extant until set aside.
Companies Act s223 – member’s locus standi – effective termination of membership – preliminary points – procedural challenge to termination; extant board decision remains valid until set aside
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24 October 2023 |
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24 October 2023 |
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24 October 2023 |
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An applicant’s claim against the respondent central bank dismissed due to statutory immunity and absence of an imposed duty of care.
Banking supervision — permissive supervisory powers (s48 Banking Act) — no implied private duty of care to depositors/investors — central bank immunity (s63A): "anything done in good faith and without negligence" — immunity covers acts (commissions) not omissions — pure economic loss — availability of alternative remedies (liquidator, Deposit Protection Corporation) — requirement to plead bad faith and negligence to overcome immunity
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20 October 2023 |
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20 October 2023 |
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Default judgment rescinded: negligence, not wilful default, and a prima facie jurisdictional defence were established.
Civil procedure — Rescission of default judgment — Wilful default v negligence — Requirement to plead jurisdictional basis in summons — Order 30 Rule 1(1),(2) — Opposing affidavit not to substitute pleadings when assessing rescission
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19 October 2023 |
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Court granted urgent interdiction and demolition of an unauthorised industrial structure being built in a residential area.
Urgent interdict – urgency and promptness – unauthorised building works – construction without permit – Regional Town and Country Planning Act s 26(3) – Model Building By‑laws 1977 – nuisance and demolition/removal relief
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19 October 2023 |
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Urgent prohibitory interdict granted to halt and remove unauthorised industrial construction in a residential area; sheriff empowered to demolish.
Urgent interdict — unauthorised construction of industrial structure in residential area — permit pending does not authorise building (Regional Town and Country Planning Act s26(3)) — contravention of Model Building By-laws 1977 — demolition and sheriff empowered
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19 October 2023 |
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Judicial recusal refused: alleged facts were incorrect and did not establish a reasonable apprehension of bias.
Recusal — judicial bias — reasonable apprehension of bias — nemo judex in sua causa — objective "real danger" test — prior involvement in related matter does not automatically disqualify judge where facts are incorrect or parties/issues differ
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19 October 2023 |
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Plaintiff failed to prove falsity, malice or damages in a defamation claim against a local journalist; claim dismissed, no costs.
Defamation — public officer — burden to prove falsity and malice on balance of probabilities — publication, contextual truth and fair comment/qualified privilege — proof of damages and excessive quantum — default judgment where affidavit deficient
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19 October 2023 |
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Rescission granted where a declaratory judgment was obtained without citing an affected holder of an offer letter with substantial interests.
Civil procedure — Rescission of judgment — Rule 29(1)(a) — Judgment erroneously granted in absence of affected party — Locus standi — Non-joinder — Offer letter and occupation as substantial interest
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19 October 2023 |
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Court finds plaintiff beneficial owner where family arrangement led to nominal registration by respondents; prescription dismissed.
Property law — beneficial ownership v registered title; family arrangements circumventing statutory allocation; prescription defence in par delictum contexts; relaxation of in pari delicto rule; order for transfer of title
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19 October 2023 |
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19 October 2023 |
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19 October 2023 |
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Application for corporate rescue dismissed for lapse, lack of representative standing, and failure to notify affected persons.
Commercial Court procedure — Rule 35(5) lapse for non-compliance; Insolvency Act s121/s124 — locus standi of registered trade union; s124(2) — mandatory "standard notice" to affected persons; failure to notify renders corporate rescue application a nullity; emphasis on expeditious case management
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18 October 2023 |
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18 October 2023 |
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18 October 2023 |
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s115 of the Cooperative Societies Act does not cover disputes between a cooperative/member and a non-member; eviction upheld.
Cooperative Societies Act s115 – scope limited to disputes within a society or between registered societies – does not apply to disputes between a cooperative/member and a non-member claiming allocation; eviction upheld where respondent produced stand list and proof of payments, and appellant produced no supporting documentary evidence
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17 October 2023 |
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Application dismissed: expired unrenewed mining grants cannot be enforced; court protects only existing rights, costs awarded.
Mining law – special grants – expiry and renewal; Declaratory relief – court protects existing rights, does not confer rights; Execution and eviction – scope of warrant; Administrative law – compelling a decision vs compelling a favourable decision; Civil procedure – court may vary draft provisional orders (Rule 60(9))
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16 October 2023 |
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Applicant sought protection for unrenewed mining grants; court held no enforceable rights and dismissed the application with punitive costs.
Mining law — Special grants expired — No protectable rights without renewal — Declaratory relief cannot create rights — Administrative review limited to compelling decision and reasons — Eviction/execution challenge — Costs on attorney-and-client scale
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16 October 2023 |
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Misjoinder of the Commissioner General in contempt proceedings was fatal; the contempt application was dismissed.
Contempt of court; misjoinder of parties; body corporate (ZIMRA) liable to be sued; Commissioner General improperly cited; High Court Rules r 32(11); necessity to join proper parties in contempt proceedings
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16 October 2023 |