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Citation
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Judgment date
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| November 2022 |
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18 November 2022 |
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17 November 2022 |
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14 November 2022 |
| October 2022 |
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Fixed‑date non‑payment (mora ex re) allows landlord to cancel lease without 15‑day notice; eviction upheld, monetary awards set aside.
Lease cancellation – construction of breach clause – disjunctive ‘or’ – mora ex re for fixed-time rent defaults – landlord entitled to cancel without 15‑day notice; eviction upheld; arrear rent and holding‑over awards set aside for lack of proof; no concluded compromise.
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25 October 2022 |
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6 October 2022 |
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Interim caveat granted for alleged tacit universal partnership; final urgent interdict set aside for procedural irregularity.
Civil procedure – urgent chamber application – interim interdict pendente lite – requirements: prima facie right, apprehension of irreparable harm, balance of convenience – tacit universal partnership pleaded – choice of law (customary v general law) not determinative for interim relief – error in granting final relief in urgent proceedings; caveat pendente lite ordered.
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3 October 2022 |
| September 2022 |
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Appellant rebutted statutory presumption of intent; conviction for criminal abuse of office set aside due to lack of mens rea.
Criminal abuse of office – mens rea (intention) – reverse onus under s 174(2) – burden to rebut presumption on balance of probabilities – actus reus must be proved beyond reasonable doubt; detention powers under s 201 Customs and Excise Act; material inconsistencies in State evidence undermining inference of malice.
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30 September 2022 |
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Where parties split a church, property rights depend on adherence to the constitution, not allegiance or numerical majority.
Church disputes — Secession and schism — Adherence to church constitution and canons determines entitlement to property — Majority or allegiance to leader not determinative — Court bound by pleadings; cannot decide unpleaded causes.
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29 September 2022 |
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Whether a Master must conduct an independent 'due inquiry' and, where appropriate, hear beneficiaries before consenting to private estate sales.
Administration of estates – s 120 Administration of Estates Act – 'due inquiry' by Master before consenting to private treaty sale – scope of inquiry – duty to act lawfully, reasonably and fairly under Administrative Justice Act – right to be heard – costs and de bonis propriis.
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26 September 2022 |
| July 2022 |
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A live registered mark bars registration of confusingly similar marks despite intervening non-use by the proprietor.
Trade marks — lapse/non-use vs. registered rights — effect of an existing registered mark (172/99) — prohibition on registration of confusingly similar marks (s14(1)(a)) — Registrar's finding of prior goodwill upheld.
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29 July 2022 |
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High Court property distribution set aside and remitted for rehearing due to trustees' non-joinder (procedural gross irregularity).
Family law — Matrimonial property distribution (s 7 Matrimonial Causes Act) — Trust assets and company share acquisitions — Trust law — Joinder of trustees and interested parties — Non-joinder as gross irregularity — Supreme Court Act s 25 review powers.
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29 July 2022 |
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Court upheld piercing of the corporate veil in interpleader proceedings where the appellant was the company’s alter ego.
Company law – Separate legal personality – Piercing/lifting the corporate veil where fraud, dishonesty or manifest injustice exists – Companies Act s 318(1) – Interpleader proceedings may include consideration of veil-piercing – Alter ego doctrine – Execution/attachment of property in satisfaction of judgment.
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29 July 2022 |
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Waiver by conduct can override a non-variation clause; agent-company not liable; damages awarded on valuator's depreciated replacement cost.
Contract law – non-variation clause and waiver by conduct; agency and corporate veil – disclosed principal; assessment of credibility – limits of reliance on demeanour; valuation evidence – depreciated replacement cost admissible and capable of supporting damages; remedial amendment of trial court order on appeal.
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29 July 2022 |
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Occupier dismissed from employment had no right of retention; rei vindicatio and eviction upheld, appeal dismissed.
Property law — Actio rei vindicatio — Ownership and unlawful occupation; Employment-related occupation — right of retention; Compromise agreements — proof and denial; Appellate review — deference to trial court factual findings; Preliminary points in limine — scope on remittal.
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20 July 2022 |
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A conciliator’s misdescription and initial omission of claimants did not render arbitral proceedings void; matter remitted for rehearing.
Labour law – arbitration – misdescription of party in conciliator’s reference – miscitation amendable where real party identifiable; arbitral procedure – joiner of multiple claimants – arbitrator’s discretion and terms of reference; nullity – wrongful nullification by court; reinstatement v. damages not decided.
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14 July 2022 |
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An offer letter does not permit self-help occupation; spoliation restores prior peaceful possession.
Property law – Spoliation (mandament van spolie) – peaceful and undisturbed possession – unlawful dispossession – offer letters and gazetted/acquired land – no self-help – Gazetted Land (Consequential Provisions) Act – restoration of status quo ante.
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8 July 2022 |
| June 2022 |
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9 June 2022 |
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A court may not set aside an arbitral award based on post‑award allegations not raised in the founding affidavit.
Arbitration — setting aside award — reasonable apprehension of bias — application stands or falls on founding affidavit — post-award opposing affidavit inadmissible to supplement founding allegations — contradiction in judicial findings — remittal to another arbitrator not determined.
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2 June 2022 |
| May 2022 |
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Appeal dismissed: supply agreement binding via ostensible authority; alleged breaches of local statutes unproven, contract enforceable.
Company law – ostensible (apparent) authority and estoppel; Contract law – choice of law upheld; International sale/supply agreements; Severability and Turquand rule; Exchange control and competition statutory defences unproven; Public policy and sanctity of contract.
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30 May 2022 |
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Appeal dismissed as moot; Supreme Court refused on-appeal declaratur and declined to entertain procedural challenge to judicial referral.
Judicial discipline — s 187(3) Constitution vs Judicial Service (Code of Ethics) SI 107/2012 — procedural routes; Mootness doctrine — discretion to hear moot appeals; Declaratory relief — Supreme Court lacks original jurisdiction to grant a declaratur.
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30 May 2022 |
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Appellant bound by supply contract: ostensible authority, choice of law respected, statutory breaches unproven; appeal dismissed.
Contract law — ostensible (apparent) authority; Turquand rule; choice of law in international contracts; severability/amendment clause; Competition Act; Exchange Control Regulations; estoppel; public policy; enforcement of international commercial obligations.
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24 May 2022 |
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Appeal struck off for failure to obtain statutory leave to sue a liquidator; adverse higher-scale costs awarded.
Insolvency law – requirement of leave to sue a liquidator – interlocutory orders – s 43(2) High Court Act – appealability – costs on legal practitioner and client scale for repeated non-compliance.
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23 May 2022 |
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Statutory price/duty changes did not apply to fuel already sold; seller could not recover increased duty and purchaser entitled to delivery.
Statutory instruments — retrospectivity — petroleum pricing and customs duty; Customs and Excise Act s 230(1) — prerequisites for recovery of increased duty; Contract law — constitutum possessorium and transfer of ownership; Tacit/implied terms — delivery timelines; Civil procedure — plea cannot confer affirmative relief without counterclaim.
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12 May 2022 |
| April 2022 |
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Condonation refused where applicant deliberately abandoned a timely appeal, provided an unsatisfactory explanation, and delayed finality of litigation.
Civil procedure — Condonation and extension of time to appeal — Inordinate delay and deliberate abandonment of appeal — Unsatisfactory explanation — Prospects of success not decisive — Interest in finality — Costs on legal practitioner and client scale.
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7 April 2022 |
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An urgent stay application was dismissed as moot because a lawful eviction had already been executed and the applicants’ return constituted contempt.
Urgent chamber application — stay of execution pending condonation application — eviction order — whether matter overtaken by events — effective execution by Messenger of Court — return to premises and contempt — self‑created urgency.
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6 April 2022 |
| March 2022 |
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RBZ’s refusal to authorise foreign-currency obligations was a supervening impossibility; arbitral award did not offend public policy.
Arbitration — Article 34 Arbitration Act — setting aside arbitral award — public policy — narrow test; contract — suspensive condition and exchange control approval — supervening impossibility/force majeure; pacta sunt servanda and limits to judicial intervention in arbitration.
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29 March 2022 |
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Whether the High Court retains jurisdiction over a chieftainship dispute begun before section 283 took effect.
Constitutional law — Section 283 (traditional leaders) — Transitional provisions — Sixth Schedule para 18(9) — Retrospective effect — High Court original jurisdiction over pending chieftainship disputes.
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29 March 2022 |
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25 March 2022 |
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Delictual claims in USD are not payable at statutory parity unless converted to judgment debts before the cut‑off date.
Reserve Bank Act ss 22 & 20 — Currency conversion — One-to-one parity applies to assets, liabilities and judgment debts extant on or before cut-off date — Delictual claims not assets/liabilities until adjudicated — Zambezi Gas limited to judgment debts.
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24 March 2022 |
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Spoliation can restore possession despite temporary cessation of physical activity; urgency and spoliation characterisation upheld.
:[
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23 March 2022 |
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The respondent’s proof of payment and allocation sufficed to establish a clear right for a final interdict.
Interdicts — requirements for final interdict: clear right, irreparable harm, absence of alternative remedy; clear right may be established by proof of payment and allocation without registered title. Double allocation/lease conflict — purchaser’s accepted payment and allocation letters limit local authority’s power to lease. Eviction vs interdict — interdict proper where prohibition of unlawful occupation and development is sought.
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22 March 2022 |
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21 March 2022 |
| February 2022 |
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Appeal court held absolution was wrongly granted and unpleaded reconventional relief improperly awarded; matter remitted for trial continuation.
Civil procedure – absolution from the instance – test for prima facie case; Evidence – credibility findings should not be made before defendant gives evidence; Civil procedure – reconvention – court cannot grant relief not pleaded; Security documents – validity of suretyships and mortgage bonds to be determined at full hearing.
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25 February 2022 |
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A court must consider prospects and prejudice, not only delay, before dismissing for want of prosecution.
Civil procedure – dismissal for want of prosecution – court must consider delay and explanation, prospects of success on merits, and balance of convenience/prejudice (Guardforce). Failure to consider all factors is a material misdirection permitting interference on appeal.
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24 February 2022 |
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A Labour Officer lacks jurisdiction to conciliate matters already determined internally; ensuing arbitration and court proceedings were set aside.
Labour law – jurisdiction of Labour Officer under s 93 – referral under s 8(6) of National Employment Code – internal disciplinary determination precludes Labour Officer intervention – arbitration and Labour Court proceedings arising from irregular conciliation are invalid – review under s 25(1) Supreme Court Act.
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24 February 2022 |
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Article 16(3) bars late challenges to jurisdictional rulings; interlocutory awards on prescription are challengeable under Article 34.
Arbitration — Model Law Articles 16(3) and 34 — Distinction between tribunal “ruling” on jurisdiction and “award” — Article 16(3) thirty‑day limit exclusive for jurisdictional rulings — interlocutory/interim awards (prescription) challengeable under Article 34.
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24 February 2022 |
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Appeal against striking off rescission application is a nullity without leave; appeal against discharge of provisional interdict is valid (not a consent order).
Civil procedure — Appealability — Consent orders — parties cannot appeal orders made with their consent; Interlocutory orders — leave required under s 43(2)(d) High Court Act; Authority to litigate — absence of board resolution/founding affidavit renders company application a nullity and appeal invalid without leave; Notice of appeal — defective/‘incurably bad’ appeals must be struck off.
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22 February 2022 |
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Applicant improperly sought final cancellation of title via urgent provisional application and failed to meet required standards.
Civil procedure – Interdicts – Distinction between provisional (interim) and final orders – Provisional orders preserve status quo on prima facie basis; final orders require proof of clear right – Granting final relief in urgent proceedings exceptional – Framing of relief and alternative interim measures (temporary interdict) – Urgency and locus standi – Protection of innocent purchasers.
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15 February 2022 |
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Registrar erred in dismissing the applicant's condonation application for delayed filing of proof of service; service (not the certificate) must be within three days.
Procedure — Review of Registrar’s decision under r 13 — Interpretation of r 43(4) (service within three days) — Distinction between service and filing proof of service — r 39(2) generally applicable; r 43 dominant where conflict — Access to justice and reasonable time for filing certificate of service.
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9 February 2022 |
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Appellant may not deduct US$10 million paid on behalf of its holding company; appeal dismissed with costs.
Tax law; deductibility of donations; separate legal entity; indigenisation obligations; expenses incurred by related companies; non-retroactivity of tax amendments; capital v. revenue expenditure.
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3 February 2022 |
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An appeal struck off as fatally defective (vague grounds, lack of heads) cannot be reinstated; proper remedy is condonation/fresh appeal.
Civil procedure — Reinstatement of appeal — Rule 70 Supreme Court Rules (2018) — Practice Direction 3/13 para 5 — Struck off the roll — Fatally defective appeal — Vague/prolix grounds of appeal — Condonation and extension as appropriate remedy — Costs on attorney and client scale.
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1 February 2022 |
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Condonation refused: High Court lacked statutory power to register trusts; rescission under r449 valid and appeal prospects poor.
Procedural law – chamber/ex parte applications and appeals without a cited respondent; High Court Rules r 449(1)(a) – rescission of orders granted in absence of an affected party; Deeds Registries Act – exclusive statutory power of Registrar of Deeds to register and certify trusts; condonation for late noting of appeal – delay, explanation and prospects of success; capacity of trusts to sue – must be represented by trustee and founding affidavit by trustee.
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1 February 2022 |
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Application for condonation and extension dismissed: delay unexplained, prospects weak, and acceptance of terminal benefits amounted to waiver.
Civil procedure – condonation and extension of time to appeal – r 61 Supreme Court Rules – interplay with Prescription Act – conciliation, draft ruling and confirmation under Labour Act – procedural compliance (Isoquant) – waiver by acceptance of terminal benefits.
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1 February 2022 |
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Where Labour Court refuses condonation, s92F(3) allows chamber application for leave to appeal, but vague grounds render application a nullity.
Labour law — s92F(2)–(3) Labour Act — leave to appeal to Supreme Court after Labour Court refuses condonation — chamber application to Supreme Court judge; appellate procedure; condonation; defective grounds of appeal; nullity; costs.
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1 February 2022 |
| January 2022 |
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A court may not grant final interdicts on a prima facie case; the electoral commission has corporate personality and should be sued in its name.
Civil procedure – interdicts – interim (provisional) vs final interdicts – evidential thresholds: prima facie right for provisional relief vs clear right on balance of probabilities for final relief; Courts must not grant final relief in urgent proceedings without return date where only prima facie case established. Electoral law – citation and joinder of electoral commission – inconsistency between Electoral Act s14 and s4A and Constitution s319; electoral commission is a body corporate capable of being sued in its own name.
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31 January 2022 |
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27 January 2022 |
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25 January 2022 |
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Arbitrator exceeded compulsory-arbitration terms of reference; no enforceable employment contract found against the second respondent.
Labour law – compulsory arbitration – terms of reference – arbitrator confined to terms of reference and must not determine matters beyond them; Arbitration – making contracts for parties impermissible; Employment law – enforceability of contracts and proof of existence of an employer-employee contract; Appellate review – deference to factual findings unless grossly unreasonable.
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24 January 2022 |
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Disallowance of consumables/prepayments; deductions for royalties and inventory revaluation upheld; technical services remitted for s98 inquiry.
Income tax – deductibility – s 15(2)(a) – matching of expenses to income year – consumables – statutory prepayments – royalties/trademarks – administrative ratification – technical services – s 98 tax avoidance inquiry – inventory revaluation – penalties and interest.
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18 January 2022 |
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Whether a dollar‑denominated loan is a "foreign obligation" excluded from statutory conversion to RTGS dollars at par.
Banking and finance law – Deeming provisions under S.I.33/2019 and Finance (No.2) Act – Whether a dollar‑denominated loan is a "foreign obligation" excluded from conversion to RTGS dollars – evidence and factual matrix critical to classification.
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18 January 2022 |