Zimbabwe High Court: Res Judicata Does Not Bar Eviction Pending Retrenchment Payment

In Zimbabwe, on October 15, 2026, the Bulawayo High Court, in the case of Hwange Colliery Company Limited v Tongogara, ruled that the principle of *res judicata* does not bar an eviction claim when a prior judgment imposed a condition precedent, specifically the payment of retrenchment benefits, which had not yet been adjudicated.

This decision provides crucial clarification on the application of *res judicata* in Zimbabwean law, particularly in scenarios where prior judgments include unfulfilled conditions precedent. It signifies that a matter is not truly