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| July 2025 |
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Default transfer order rescinded for inadequate service, erroneous deed citation, and demonstrated prospects of defence.
Civil procedure — Rescission of default judgment — Adequacy of service (newspaper advertisement v. postal service) — Incorrect deed number and defective party citation — Prospects of defence — Titles Registration and Derelict Lands Act compliance
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30 July 2025 |
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Applicant successfully rescinds a default judgment, establishing locus standi and good cause to set it aside.
Civil procedure — Rescission of default judgment (Rule 27) — Locus standi to apply for rescission — Reasonable explanation for default; bona fides and prospects of success required — Service of process disputes — Costs on ordinary scale
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30 July 2025 |
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Appeal upheld: magistrate’s procedural failures (res judicata and undetermined dirty hands) set aside; matter remitted for de novo hearing.
Civil procedure — Preliminary points — Res judicata — Effect of upholding plea; court must not proceed to merits — Plea of dirty hands — Requirement to determine interlocutory points — Rescission of default judgment; gross procedural irregularity; review and remittal for de novo hearing before different magistrate
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29 July 2025 |
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An urgent application seeking final relief disguised as provisional was struck off the urgent roll for lack of urgency and contested facts.
Civil procedure – Urgency – Two‑stage test: promptness and existence of irreparable harm – Disputed facts unsuitable for urgent adjudication; Relief in substance final cannot be granted via urgent chamber application; Non‑joinder of third‑party companies holding disputed bank accounts
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29 July 2025 |
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An owner can vindicate property where transfers were procured by fraud; innocent purchaser cannot retain title without estoppel.
Property law – rei vindicatio – fraudulent transfers procured by forged documents and perjured default judgments are null and void ab initio; innocent purchaser entitled only to personal remedies unless estoppel; prescription not a bar where fraud and extant orders prevented timely vindication; declaratory relief under s 14 appropriate to restore title; security for costs discretionary where applicants have citizenship and in-country assets
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29 July 2025 |
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Applicant with registered title obtained interim interdict to stop respondent’s unlawful clay extraction and brick-making.
Property law – title deed as prima facie proof of ownership; Interdict – requirements for interlocutory interdict (prima facie right, irreparable harm, balance of convenience, no alternative remedy); Urgent procedure – validity of certificate of urgency and delay; Environmental protection – constitutional/environmental considerations in granting interim relief; Procedural objections – authority of deponent and competence of interim relief
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29 July 2025 |
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Application of s7: equal division of marital assets, exclusion of third‑party assets, and USD150 monthly maintenance.
Matrimonial Causes Act s7 – division of spouses' assets – presumption of equal division; identification of non‑matrimonial/third‑party assets; buy‑out and sale procedures; spousal maintenance – need, means and quantum
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28 July 2025 |
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Action not prescribed; belated misjoinder and prescription pleas dismissed; joinder and defendants' conduct prevent reliance on time-bar.
Prescription – limitation periods – special plea vs exception – misjoinder/no cause of action – joinder and relation-back – estoppel/fraudulent concealment preventing prescription – governing law clause (English law) for substance; lex fori for prescription – High Court Rules (Rule 42, Rule 37) – procedural timeliness of dilatory pleas
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28 July 2025 |
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Rescission granted where negligent default (lawyer lapse) combined with bona fide application and a triable gift-versus-loan defence.
Civil procedure — Rescission of default judgment — Rule 27(1)/(2) — Good and sufficient cause — Stockil triad: reasonable explanation, bona fides, triable defence — Lawyer negligence and absence of supporting affidavit — Gift versus loan dispute forms triable issue
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28 July 2025 |
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Expired special grants rendered the mining agreement unenforceable; provisional order discharged and claim for ore return referred to trial.
Mines and Minerals Act — expiry of special grants — effect on validity and enforceability of agreements dependent on grants; declaratory relief under s 14 High Court Act; provisional interdict — confirmation refused where foundation agreement invalid; material disputes of fact — referral to trial
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28 July 2025 |
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The claimant failed to prove ownership in interpleader proceedings; possession presumption favoured the judgment debtor and the property was declared executable.
Interpleader proceedings – High Court Rule 63(2) – form of notification; pleadings binding – party cannot repudiate pleaded admissions; ownership in interpleader – onus to prove title on a balance of probabilities; presumption of ownership from possession; failure to prove title leads to dismissal and property declared executable
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28 July 2025 |
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Rescission of default judgment allowed where sheriff served summons at wrong address; r27(1) requirements satisfied.
Civil procedure — Rescission of default judgment — High Court Rules r 27(1) — Validity of service of summons — sheriff’s return/letter correcting address — admissibility as official document (s 12 Civil Evidence Act) — r 20(7) bar not a prerequisite to rescission — conflict of interest — prospects of success
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23 July 2025 |
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A High Court lacks jurisdiction to grant declaratory relief on whether an employment relationship exists; the Labour Court has exclusive jurisdiction.
Labour law – exclusive first-instance jurisdiction of the Labour Court – declaratory relief – whether employment relationship exists – High Court lacks jurisdiction; Declaratur – competence of Labour Court to grant declaratory orders; Appropriation and reprobation – litigating same issue in two forums
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22 July 2025 |
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Absolution from the instance refused where plaintiff had made out prima facie case and defendants bore onus to prove sham.
Civil procedure — absolution from the instance — test at close of plaintiff's case (prima facie) | Onus of proof — allegation of sham/equity-debt swap rests on defendants | Evidentiary effect of prior judgment dismissing special pleas | Corporate veil/lifting and unjust enrichment claims | Foreign currency claim/currency of debt
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21 July 2025 |
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A defendant’s consent to part of an alternative claim does not dispose of the action absent the plaintiff’s acceptance or a consent order.
Civil procedure — Judgment by consent (Rule 21) — Defendant may consent in whole or part but plaintiff "may" apply for judgment — filing consent alone does not extinguish cause of action — consent order required to dispose of claim — effect of unopposed amendment abandoning alternative reliefs (Rule 41(5))
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21 July 2025 |
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Plaintiff established a prima facie claim against the individual recipient but not against the company; absolution granted as to the company.
Civil procedure – absolution from the instance – prima facie case test; Contract and restitution – oral agreement, trust deposit and unjust enrichment; Agency and corporate liability – proving company involvement; Effect of admissions in evidence
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21 July 2025 |
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Whether the plaintiff’s claim is prescribed and whether the defendants' late misjoinder exception is procedurally and substantively sustainable.
Prescription – limitation of actions – interruption by acknowledgement – estoppel and concealment preventing reliance on prescription; Misjoinder/exception – procedural timeliness under High Court Rules – factual issues not excipiable; Governing law clause (England) – substantive law; Joinder and relation-back – amendment to correct party
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21 July 2025 |
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Court imposes substantial custodial terms, conditional suspensions and corporate fines for fraud and theft involving abuse of public office.
Criminal law – Fraud and theft by public officers – Abuse of public office and premeditation – Sentencing principles – aggravating/mitigating factors – restitution and conditional suspension – corporate fine and execution against company property
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18 July 2025 |
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Claimant failed to prove ownership or that the centre pivot was a permanent fixture; possession raised a rebuttable presumption of ownership.
Interpleader; attachment in execution; ownership on balance of probabilities; presumption of ownership from possession; movable versus permanent fixture; burden to prove annexation and intention
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18 July 2025 |
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Detention under s8(1) Immigration Act during the 14‑day identity/nationality inquiry is lawful; failure to give reasons requires a compelled disclosure, not immediate release.
Immigration law – detention under s8(1) Immigration Act – 14‑day period to ascertain identity and nationality – administrative justice – failure to furnish reasons – remedy to compel reasons (s6 Administrative Justice Act) – necessity of Constitutional Court confirmation to strike down statutory detention power
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16 July 2025 |
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Court withholds jurisdiction in divorce proceedings because defendant is domiciled in Canada and parallel Canadian proceedings are pending.
Jurisdiction - domicile; personal and subject-matter jurisdiction; lis alibi pendens (lis pendens) - stay of parallel foreign proceedings; judicial comity; inherent jurisdiction and best interests of children do not displace lis pendens; enforcement of access orders is for the forum where proceedings are pending
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16 July 2025 |
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Appeal against confirmation of ex parte mandament van spolie dismissed—magistrate had jurisdiction, procedure proper, and admission cured hearsay.
Procedure — Spoliation (mandament van spolie) — Ex parte rule nisi and confirmation on return; Magistrates Court jurisdiction over right of occupation; spoliation remedies restore status quo not rights; hearsay and admission; requirement to join State
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16 July 2025 |
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Applicant’s bail pending appeal dismissed: no realistic prospects of success on multiple conviction and sentence grounds.
Criminal procedure – Bail pending appeal – Williams test – prospects of success and risk of absconding; s173(b) CPEA – variance in alleged date of offence; admissibility/spontaneity of complaint; medical evidence on sexual assault; false implication; sentence appeal for rape in aggravating circumstances
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16 July 2025 |
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A clerical omission in the State outline did not vitiate the accused's conviction; proceedings achieved real and substantial justice.
Criminal law — Infanticide (s48) — plea canvass and pre‑sentencing inquiry — requirement to address accused’s mental state — typographical error in State outline — review for safety of conviction — post‑mortem indeterminate not necessarily decisive
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16 July 2025 |
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Urgent stay dismissed for lack of urgency and material non-disclosure; punitive attorney‑client costs awarded.
Civil procedure — Urgent applications — urgency requires prompt action when need arises; deliberate delay defeats urgency
Urgent applications — material non-disclosure and misrepresentation — grounds for dismissal. Parties not filing affidavits are not properly before the court
Costs — special/punitive costs on attorney‑client scale for dishonest or misleading conduct
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16 July 2025 |
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High Court struck applicants’ declaratory claim off the roll under lis pendens due to earlier pending Magistrates Court proceedings.
Civil procedure – Lis pendens – pending Magistrates Court proceedings involving cancellations of main leases – discretion to strike High Court matter to avoid conflicting judgments – prior withdrawal of High Court application does not bar respondent’s Magistrates Court prosecution
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15 July 2025 |
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Application struck off for improper service on a 12‑year‑old; affidavit stamp defect cured but service failure was jurisdictionally fatal.
Civil procedure – service of process – service on person under sixteen invalid – jurisdictional effect; Affidavit formalities – commissioner of oaths stamp – defect cured by re-upload and Registrar stamp; Declaratory relief – competing deeds – procedural prerequisites before merits considered
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15 July 2025 |
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Registered cooperative member with superior documentary proof entitled to eviction, but cannot cancel a lease to which she is not party.
Cooperative law – registration and allocation – member’s allocation and payment receipts confer personal rights to occupation and locus standi to evict; Administrative error – lease issued in error by state authority; Property – contested allocations between different cooperatives; Contract law – privity of contract precludes non-party declaratory relief or cancellation of lease; Eviction – superior documentary paper trail entitles owner to eviction order
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14 July 2025 |
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Admissibility of emailed documents — authentication under s 13, hearsay under s 27, and remedial procedures under the Civil Evidence Act.
Evidence — Electronic/email evidence — Authentication under s 13 Civil Evidence Act — First‑hand hearsay s 27 — Business records s 14 — Court’s power to examine evidence s 50 — admissibility procedures and preliminary examination
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14 July 2025 |
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Leave to appeal refused; conviction and consecutive mandatory nine-year sentences for stock theft upheld.
Criminal law – stock theft – recent possession – false cattle movement permits and clearance certificates – accomplice evidence – safety of conviction – trial court’s power to call witnesses mero motu – mandatory minimum sentences – cumulative sentencing discretion
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14 July 2025 |
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Registration refused where Article 35(2) formalities were unmet and the award breached natural justice, contrary to public policy.
Arbitration — Enforcement/registration of award — Article 35(2) requires authenticated award and arbitration agreement — Non-compliance fatal; Arbitral record not required for enforcement; Public policy (Article 36(1)(b)(ii)) — narrowly construed — breach of natural justice (deciding without viva voce evidence; deciding on unpleaded cause) can bar enforcement
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11 July 2025 |
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Court sets aside an erroneously extended perpetual‑silence order and restores the applicant's right of access to court.
Civil procedure – perpetual-silence/decree against vexatious litigants; exceptional remedy; extension to non-listed parties; access to courts (s69); rescission under High Court Rules r29(1)(a)
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11 July 2025 |
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Application to set aside CR14 dismissed as prescribed, trustees unrepresented, founding affidavits incompetent, and material disputes unresolved.
Prescription – claim to set aside company register/CR14 – held time-barred; Companies procedure – authority of trustee-deponent to sue; Competency of agent’s affidavit – need for personal knowledge; Civil procedure – material disputes of fact; Plascon-Evans rule; Rectification of companies register and challenge to directorship
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11 July 2025 |
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Court granted condonation, uplifted the bar and reinstated withdrawn opposition papers after finding reasonable explanation and prospects of success.
Practice Direction 3/2013 – struck off the roll; condonation and extension of time as proper remedy for non-compliance; upliftment of automatic bar; reinstatement of withdrawn pleadings; attorney negligence/delay; mootness where permit issued; discretion and balance of convenience; costs — each party to bear own costs
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10 July 2025 |
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Applicant had standing but failed to prove full performance of the alleged sale; declaratory relief dismissed with costs.
Declaratory relief (s14
High Court Act) — locus standi — direct and substantial interest — oral agreement of sale — common mistake as to party identity/names — proof of performance of oral contract — discretionary refusal to grant declaratur
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10 July 2025 |
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Claim for restitution of US$616,518 upheld: prescription interrupted; S.I.33/2019 conversion inapplicable; unjust enrichment proven.
Restitution – unjust enrichment – payment under void sale/lease – prescription and interruption by acknowledgment – statutory currency conversion (S.I.33/2019) – whether conversion applies to post‑deeming obligations – payment in real USD value or equivalent
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10 July 2025 |
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High Court may grant provisional sentence to enforce an admitted labour consent determination as a liquid debt.
Provisional sentence; Liquid document — consent determination and employer’s written acknowledgment; High Court jurisdiction to enforce an admitted labour-related debt; Labour Court exclusivity not absolute where only enforcement of a consented debt remains
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10 July 2025 |
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Court imposed custodial sentences for public-officer fraud, fined the company and ordered execution against its assets.
Criminal law — Fraud involving public procurement — Breach of public trust by public officers; aggravating circumstances; sentencing guidelines; custodial sentences for individuals; corporate fines and execution
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9 July 2025 |
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Applicant church failed to prove a proprietary right to support a final interdict; spoliation or ordinary remedies were available.
Civil procedure – interdict – requirements for final interdict: clear legal right, injury, absence of adequate ordinary remedy – locus standi to seek eviction; proprietary rights and spoliation alternative remedy; ownership by State precludes applicant’s eviction claim
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8 July 2025 |
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Review application citing repealed rules and lacking the mandatory record was a nullity and struck off with costs.
Administrative law — Review procedure — Application framed under repealed rules (SI 202/2021) — Proper procedure governed by Rule 62 — Rule 62(5) — Mandatory lodging of original record — Non-compliance fatal — Application struck off roll
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8 July 2025 |
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Ongoing adulterous conduct prevents prescription from extinguishing claims for recent damages; condonation is mitigatory and non-joinder is not fatal.
Prescription — adultery damages — cause of action arises on sexual intercourse; continuing wrong prevents prescription from extinguishing claims for losses within prescriptive period
Condonation — disputed and mitigatory only
Non-joinder — not fatal; court may determine issues despite misjoinder/non-joinder
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8 July 2025 |
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Whether subsequent/revised tax assessments complied with s47, s51 and s62 and were valid where objection status and procedural notices were unclear.
Tax law — Validity of assessments — s47 additional assessments — s51(3) notice of right to object — s62 objection procedure — functus officio — schedules of withholding tax vs notice of assessment — certainty in fiscal legislation
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8 July 2025 |
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Application dismissed: central disputes over whether equipment was leased or a shareholder capital contribution require oral evidence.
Civil procedure — application proceedings — material disputes of fact — where parties present irreconcilable versions regarding ownership/characterisation of property, matter requires viva voce evidence — robust approach inappropriate where injustice would result
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8 July 2025 |
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Whether the refund claim prescribed and whether S.I.33/2019 requires local-currency payment at interbank rate.
Prescription — cause of action and commencement under Prescription Act (ss 15(d), 16(1), 16(3)); insolvency of transfer due to forfeiture; S.I. 33/2019 s4(1)(d) — conversion of USD liabilities to RTGS/ZWL; payment in local currency at prevailing interbank rate following Constitutional Court authority (Unifreight)
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8 July 2025 |
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Conviction for negligent driving upheld; sentence set aside for non-compliance with Road Traffic Act s90 certificate requirement.
Negligent driving – failure to obey a stop sign and keep proper lookout – duty to yield and only proceed when objectively safe; informal courtesy cannot override road rules
Road Traffic Act s90 – mandatory production of Registrar's certificate before sentencing; non-compliance renders sentence irregular and requires re-sentencing
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7 July 2025 |
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Appellate court upheld consecutive sentences for multiple aggravated robberies and rape, finding no misdirection or shocking excess.
Criminal law – Robbery in aggravating circumstances (use of dangerous weapons) and rape – Sentencing discretion – Concurrent vs consecutive sentences (s343 CPEA) – First offender mitigation – Appellate interference only where sentence is shockingly inappropriate
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7 July 2025 |
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High Court withheld certificate over unduly lenient sentence for indecent assault of a 13‑year‑old by her father; convictions otherwise confirmed.
Criminal law — Sentencing — Indecent assault on a child — Aggravating factors: position of authority/parental relationship; domestic violence context; psychological harm — Gender‑based violence; sentencing guidelines; review jurisdiction — withholding certificate for unduly lenient sentence
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7 July 2025 |
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2 July 2025 |
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2 July 2025 |
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Magistrate's de novo rehearing validly set aside local court award for lack of proved damages; review dismissed with costs.
Review — procedural irregularity — notice of appeal form — defective relief — peremption — de novo rehearing (s24) — quantum of damages — failure to prove loss — currency denomination immaterial
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2 July 2025 |