|
Citation
|
Judgment date
|
| May 2023 |
|
|
|
17 May 2023 |
|
|
17 May 2023 |
|
|
16 May 2023 |
|
Leave to execute pending appeal granted where appeal lacked prospects and balance of convenience favoured the property owner.
Civil procedure — Leave to execute judgment pending appeal — Discretionary factors (irreparable harm, prospects of success, balance of convenience) — Admissibility of affidavits/annexures — Onus to prove selective issuance of eviction notices in resisting rei vindicatio
|
15 May 2023 |
|
|
15 May 2023 |
|
|
15 May 2023 |
|
|
15 May 2023 |
|
|
15 May 2023 |
|
|
15 May 2023 |
|
|
15 May 2023 |
|
|
15 May 2023 |
|
Court postponed trial pending ancillary applications to amend pleadings, awarding attorney‑client costs against defendant applicants.
Civil procedure — Postponement (removal from roll) — Amendment of pleadings under rules 41(10), 38(1) and 50(8) — Discretionary indulgence; bona fides and prejudice to be weighed — Practice Direction 3 of 2013 case management — Costs (attorney–client) for late/dilatory conduct
|
12 May 2023 |
|
|
12 May 2023 |
|
|
12 May 2023 |
|
|
12 May 2023 |
|
|
12 May 2023 |
|
|
12 May 2023 |
|
A declarator cannot be used to undo a municipal lease cancellation; review proceedings are the appropriate remedy.
Administrative law — municipal lease cancellation — City and Finance & Development Committee as administrative authorities — administrative action under Administrative Justice Act — declarator inappropriate where effect is to set aside administrative decision — review is proper remedy — High Court Act s14 discretion
|
11 May 2023 |
|
|
11 May 2023 |
|
|
11 May 2023 |
|
|
11 May 2023 |
|
Unexplained delay and acquiescence defeated occupants' spoliation claim for restoration of fenced private land.
Spoliation — urgent possessory remedy; delay and acquiescence defeat restoration; locus standi of alleged occupiers; res judicata in related proceedings; sufficiency of supporting affidavits; material disputes of fact
|
10 May 2023 |
|
|
10 May 2023 |
|
|
10 May 2023 |
|
|
10 May 2023 |
|
|
10 May 2023 |
|
|
10 May 2023 |
|
Registered arbitral award became judgment debt on registration; SI33/2019 conversion inapplicable, Sheriff’s upliftment set aside.
Arbitration awards – registration as High Court order – judgment debt arises on registration; Statutory Instrument 33/2019 – scope limited to liabilities existing before 22 Feb 2019; Conversion of US$ liabilities into RTGS – not applicable to debts arising after effective date; Execution – Sheriff’s duties and limits; Judicial review – irrational upliftment of attachment and mandatory interdict
|
9 May 2023 |
|
|
8 May 2023 |
|
|
8 May 2023 |
|
|
8 May 2023 |
|
Leave to execute a High Court judgment pending appeal granted where urgency, minimal harm to respondent and weak appeal prospects justified enforcement.
Civil procedure — Execution pending appeal — Leave to execute a High Court judgment notwithstanding appeal — Urgency and validity of certificate of urgency — South Cape factors applied — Disputes of fact, prescription and contractual admissions considered — Attorney-client costs
|
5 May 2023 |
|
|
5 May 2023 |
|
|
5 May 2023 |
|
Whether statutory cancellation was permissible despite applicant's contractual remedy of serviced stands.
Property law – Instalment sale of land – Contractual clauses limiting remedies – Contractual Penalties Act (s.2, s.3, s.8) – Transfer only after full payment – Impossibility of specific performance – Cancellation valid
|
4 May 2023 |
|
|
4 May 2023 |
|
|
4 May 2023 |
|
|
4 May 2023 |
|
|
4 May 2023 |
|
|
4 May 2023 |
|
Court refused absolution; church removed as party for lack of authorisation proof; disputed bishop election to be decided at trial.
Civil procedure – representation of corporate/universitas entities – person purporting to represent entity must prove authority (board resolution) when challenged; Civil procedure – absolution from the instance – plaintiff must show prima facie case (Mazibuko test); Ecclesiastical/associational disputes – contested AGM elections and conflicting minutes require full hearing to resolve credibility and legality; Lis pendens/spoliation objections do not automatically preclude trial on election dispute
|
3 May 2023 |
|
Court set aside withdrawal of a land offer after respondent was procedurally barred and conceded lack of merit.
Administrative law — Judicial review of withdrawal of land offer — Procedural bars for non-compliance with High Court Rules — Upliftment of bar (oral or chamber) — Court’s discretion to consider merits when uplifting — Natural justice (adequacy of reasons and right to be heard)
|
3 May 2023 |
|
|
3 May 2023 |
| April 2023 |
|
|
An estate cannot inherit an outstanding land offer; lease terminates on death and statutory remedies must be exhausted first.
Succession and land allocation – Offer/lease issued to a natural person terminates on death – succession requires application by rightful heir under Land Reform conditions – estate distinct from deceased – exhaustion of statutory/administrative remedies (Zimbabwe Lands Commission) before court relief – declaratur/interdict require existing right
|
27 April 2023 |
|
|
27 April 2023 |
|
|
27 April 2023 |
|
|
27 April 2023 |
|
|
27 April 2023 |
|
Appellate court upheld magistrate's credibility findings and respondent's proof of initial allocation; appeal dismissed with costs.
Customary land — ownership/allocation — credibility of witnesses, including traditional leaders — inspection in loco — appeal against findings of fact — balance of probabilities
|
26 April 2023 |
|
|
26 April 2023 |