Supreme Court of Zimbabwe - 2013 December

Sort by:

5 judgments

Citation	Judgment date
December 2013
Gumbo v Porticullis (Pvt) Ltd (Chamber Application SC 360 of 2013; SC 28 of 2014) [2013] ZWSC 281 (8 December 2013) Applicant failed to show urgency and had no prospects of success for leave to appeal against refusal of urgent hearing. Civil procedure — Urgent applications — Test for urgency (Kuvarega) — Leave to appeal — Prospects of success — Procedural numbering of related High Court matters irrelevant to urgency determination	8 December 2013
Gweru Water Workers Committee V City of Gweru (Civil Appeal SC 236 of 2013; SC 59 of 2013) [2013] ZWSC 59 (8 December 2013) Whether an association governed by its own constitution can be a universitas with locus standi to sue. Labour law; locus standi; workers committee; unincorporated association; universitas; constitution conferring perpetual succession and capacity to sue; leave to appeal; CT Bolts precedent	8 December 2013
Muhomba v S (Civil Appeal SC 241 of 2012; SC 57 of 2013) [2013] ZWSC 57 (4 December 2013) Appellant's challenges to conviction and sentence for rape dismissed; credibility and medical corroboration upheld. Criminal law – Rape – Credibility findings – Medical corroboration of penetration and injury – Contradictory defence witnesses – Identification – Sentencing discretion; youth and first-offender status weighed against victim vulnerability and aggravation	4 December 2013
Mutanda v S & Another (Civil Appeal SC 178 of 2012; SC 55 of 2013) [2013] ZWSC 55 (4 December 2013) Whether a High Court should refer unproven allegations against a magistrate and counsel to prosecutorial and professional oversight bodies. Criminal procedure — review and recusal — conduct of counsel — communication of client’s allegations to Attorney‑General — whether such communication amounts to contempt or professional misconduct — propriety of referring judicial officer and counsel to Attorney‑General, Judicial Service Commission and Law Society	4 December 2013
Ndava v Takaruwa & Another (Civil Appeal SC 350 of 2012; SC 56 of 2013) [2013] ZWSC 56 (4 December 2013) Passenger awarded damages: driver negligent and employer vicariously liable; misdirection by trial court corrected. Delict – motor vehicle negligence; failure to keep proper lookout and following too close; driving without requisite licence – presumption of lack of skill; vicarious liability of employer; appeal for misdirection in credibility findings	4 December 2013