Zimbabwe Case Law: Decisions & Judgments | LexChat

Zimbabwe Case Law

  • 14 Jan 2026

    REFORMED CHURCH IN ZIMBABWE v ZINYEMBA, ZINYEMBA v REFORMED CHURCH IN ZIMBABWE (11 of 2026) [2026] ZWHHC 8 (14 January 2026)

    Citation
    [2026] ZWHHC 8
    Court
    Harare High Court
    Case number
    11 of 2026

    Zinyemba was properly notified of the appointment of the arbitrator and the arbitral proceedings at her chosen address for service as per the agreement and law; her failure to participate does not justify setting aside the award. The application to set aside the award is dismissed and the arbitral award is registered as an order of the court.

    • Registration of arbitral award
    • Setting aside arbitral award
    • Service of process
    • Notice requirements
    • Enforcement of arbitral awards

  • 13 Jan 2026

    Sheriff of The High Court,Gweru N.O v CHINAZIM International Smelting Company (Private) Limited and Others (7 of 2026) [2026] ZWBHC 4 (13 January 2026)

    Citation
    [2026] ZWBHC 4
    Court
    Bulawayo High Court
    Case number
    7 of 2026

    The claimant failed to prove ownership of the attached property, provided a fabricated agreement of sale, and could not explain the judgment debtor's possession of the goods. Previous judgments in rem determined the property belonged to the judgment debtor, estopping the claimant from relitigating ownership. Collusion between the claimant and judgment debtor was established.

    • Interpleader proceedings
    • Issue estoppel
    • Collusion
    • Ownership of attached property
    • Costs on attorney and client scale

  • 13 Jan 2026

    S v Bell (6 of 2026) [2026] ZWBHC 3 (13 January 2026)

    Citation
    [2026] ZWBHC 3
    Court
    Bulawayo High Court
    Case number
    6 of 2026

    The search and seizure were lawful under s 51(1) of the CPEA due to exigent circumstances, the chain of custody was not broken, the prosecution proved possession of cocaine beyond reasonable doubt, and the sentence imposed was justified and not unduly lenient given the aggravating circumstances.

    • Possession of dangerous drugs
    • Search and seizure without warrant
    • Chain of custody
    • Sentencing guidelines
    • Credibility of witnesses

  • 7 Jan 2026

    CHIMANGA (NEE MAZVIMBAKUPA) v CHIMANGA (16 of 2026) [2026] ZWHHC 10 (7 January 2026)

    Citation
    [2026] ZWHHC 10
    Court
    Harare High Court
    Case number
    16 of 2026

    Although both parties contributed to the acquisition and development of the property and are entitled to equal shares, the Defendant’s contribution from inherited property justifies a departure from equality. The property is to be shared 45% to Plaintiff and 55% to Defendant.

    • Divorce
    • Matrimonial property
    • Child custody
    • Maintenance

  • 6 Jan 2026

    Ncube v Provincial Mining Director Matebeleland South N.O (5 of 2026) [2026] ZWBHC 2 (6 January 2026)

    Citation
    [2026] ZWBHC 2
    Court
    Bulawayo High Court
    Case number
    5 of 2026

    The plaintiff's pleadings fail to disclose a cause of action as they seek to enforce an unregistered personal right against a registered real right, are vague and embarrassing for lack of particularity in fraud allegations, and are fatally defective due to non-joinder of the executor of the estate. No amendment can cure these defects.

    • Exception to pleadings
    • Cause of action
    • Non-joinder
    • Mining claims
    • Fraud pleading requirements

  • 6 Jan 2026

    CIT CHEM 1.O.I (PRIVATE) LIMITED v FARMGATE (PRIVATE) LIMITED AND ANOTHER (14 of 2026) [2026] ZWHHC 9 (6 January 2026)

    Citation
    [2026] ZWHHC 9
    Court
    Harare High Court
    Case number
    14 of 2026

    The plaintiff failed to prove the existence of a valid agreement with the defendants for the supply of agrochemicals on credit and did not provide sufficient evidence to establish the debt. The prior settlement in HCHC763/23 resolved the underlying debt, and there was no basis to pursue the defendants or declare the pledged property executable.

    • Existence of contract
    • Debt recovery
    • Settlement agreements
    • Security for debt

  • 5 Jan 2026

    ERARAH INVESTMENTS (PRIVATE) LIMITED v DOVE WINGS INVESTMENTS (PRIVATE) LIMITED AND OTHERS (10 of 2026) [2026] ZWHHC 7 (5 January 2026)

    Citation
    [2026] ZWHHC 7
    Court
    Harare High Court
    Case number
    10 of 2026

    Condonation for late filing is granted because the applicant provided an acceptable explanation for delay and has overwhelming prospects of success, as the underlying agreement is void ab initio for illegality under section 39 of the Regional, Town and Country Planning Act. The default judgment was erroneously granted as it enforced a right arising from a nullity, and the respondents failed to prove unequivocal acquiescence by the applicant. The court cannot sanction or enforce an illegal transaction or an order that is impossible to perform.

    • Condonation
    • Rescission of judgment
    • Illegality of contract
    • Subdivision of land
    • Peremption

  • 5 Jan 2026

    SITHOLE (nee MOYO) v SITHOLE (8 of 2026) [2026] ZWHHC 6 (5 January 2026)

    Citation
    [2026] ZWHHC 6
    Court
    Harare High Court
    Case number
    8 of 2026

    The Magistrates Court erred in granting the respondent access to the child for the entirety of every school holiday without justification; the best interests of the child require that access be limited to the first half of each school holiday, allowing the appellant to prepare the child for the school term.

    • Custody of minor
    • Access rights
    • Best interests of the child
    • Jurisdiction of children's court
    • Lis pendens

  • 5 Jan 2026

    KAPUYA v KAPUYA (NEE MAKAYA) (7 of 2026) [2026] ZWHHC 5 (5 January 2026)

    Citation
    [2026] ZWHHC 5
    Court
    Harare High Court
    Case number
    7 of 2026

    The property was inherited by the plaintiff and is excluded from division; only the value of the improvements effected during the marriage is to be shared equally between the parties.

    • Divorce
    • Matrimonial property
    • Inheritance
    • Distribution of property

  • 2 Jan 2026

    S v Mlotshwa and others (Crim. Application 3 of 2026) [2026] ZWBHC 1 (2 January 2026)

    Citation
    [2026] ZWBHC 1
    Court
    Bulawayo High Court
    Case number
    Crim. Application 3 of 2026

    The State's opposition to bail was not meaningfully presented or substantiated, and the only alleged link to the offence—a cell phone—was reasonably explained. The applicants are gainfully employed, have fixed abodes, and there is no evidence they would abscond or interfere with justice. The presumption of innocence and lack of cogent grounds for refusal justify granting bail with conditions.

    • Bail
    • Presumption of innocence
    • Robbery
    • Pre-trial detention