Jekera Onias v Ngubani Kenneth and Ministry of Local Government

The applicant brought proceedings in the High Court against Ngubani Kenneth and the Ministry of Local Government. The matter came before the High Court while there was an extant order from the Magistrates Court that had not been exhausted through domestic remedies available in that forum. The respondent appeared in person while the applicant was represented by the Legal Resources Foundation.

• Whether the applicant should exhaust domestic remedies in the Magistrates Court before approaching the High Court
• Whether the High Court should entertain the matter given an existing order from the Magistrates Court
• Whether the matter should proceed or be struck off the roll

The matter was struck off the roll. The applicant was directed to return and exhaust domestic remedies in the Magistrates Court. Costs were ordered to remain in the cause.

Where an order from the Magistrates Court is extant and domestic remedies remain available (including execution, appeal, or review), an applicant must exhaust those remedies before approaching the High Court. Failure to do so will result in the matter being struck off the roll.

The judgment is very brief and does not contain substantive obiter dicta. The court's ruling focused solely on the procedural requirement to exhaust domestic remedies without making broader observations on related legal principles.

This case reinforces the principle of exhaustion of domestic remedies in Zimbabwean law, requiring litigants to utilize available lower court remedies (including execution, appeal, or review of existing orders) before approaching the High Court. It demonstrates the court's approach to enforcing procedural requirements and the proper hierarchy of judicial forums.