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Costs re: Apportioned Costs, Partially Successful Claims and Active Multiple Litigants

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SC13-11 : MATTHEW MBUNDIRE vs TYRONE SIM BUTTRESS
Ruled By: ZIYAMBI JA, GARWE JA and CHEDA AJA

On the question of costs, I am of the view that, as the appellant has only been partially successful on appeal, an order that each party pays its own costs would be most appropriate....,.1....,. 2....,. 3. Each party is to pay its own costs.
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HH173-10 : TAMBUDZAI MAFUSIRE vs LEWIS GREYLING and ELGREY INVESTMENTS (PVT) LTD
Ruled By: CHATUKUTA J

CostsOrdinarily costs follow the cause. Both parties have had some measure of both failure and success in their claims. I am of the view that it is fair for the plaintiff to be awarded 60 percent of her costs and the first defendant 40 percent of his costs....,.Plaintiff's claim1....,.2....,.3. The ...
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HH11-13 : FLORENCE SIGUDU vs MINISTER OF LANDS AND RURAL RESETTLEMENT N.O. and PHINEAS CHIHOTA
Ruled By: PATEL J

As regards costs, the applicant claims costs on the ordinary scale as against the second respondent. Given the latter's highly questionable and irregular role in the consolidation of his farm with that of the applicant, there appears to be no reason for declining the applicant's claim for costs against him. (a) ….,. (b) ….,. (c) ….,. (d) The 2nd respondent ...
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HH41-13 : ESTATE LATE JEAN HEDLEY vs ANGWA CITY INVESTMENTS THREE (PVT) LTD and SAINT SEBASTIAN ESTATE AGENTS and ESTATE LATE ISRAEL GUMUNYU and REGISTRAR OF DEEDS and THE MASTER OF THE HIGH COURT
Ruled By: UCHENA J

The applicant had, in its draft order, sought costs against the first and third respondents. The third respondent did not oppose the applicant's application. It therefore did not cause the applicant costs beyond those which would have been necessary for it to apply for a default judgment against it. The second respondent participated up ...
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HH73-13 : SIBONGILE KAZIBONI vs CHAMPION CONSTRUCTION (PRIVATE) LIMITED
Ruled By: MATHONSI J

In light of the plaintiff's lack of success on the issue of fragile building material she is only entitled to half of her legal costs. 1…..,. 2….,. 3….,. 4….,. 5. The defendant shall bear 50% of the plaintiff's costs of suit.
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HH353-13 : GURTA AG vs AFARAS MTAUSI GWARADZIMBA N.O.
Ruled By: MATHONSI J

Regarding the question of costs, the applicant has been partially successful given that its main application for the declaration of section 6 of the Reconstruction of State Indebted Insolvent Companies Act [Chapter 24:27] as being unconstitutional has not found favour with me while the alternative claim has. For that reason, I consider that it cannot ...
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Appealed
SC10-15 : ARAFAS MTAUSI GWARADZIMBA N.O. vs GURTA A.G.
Ruled By: GWAUNZA JA, GARWE JA and PATEL JA

In addition…., the appellant also attacks the decision by the court a quo to award fifty per cent of the costs to the respondent….,. 3. Costs The final ground of appeal challenges the quantum of costs awarded against the appellant, which the court a quo justified thus in its judgment: “Regarding the question of costs, the ...
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Appealed
SC04-17 : JAYESH SHAH vs KINGDOM MERCHANT BANK LIMITED
Ruled By: GWAUNZA JA, GUVAVA JA and MAVANGIRA JA

…,. Since the appellant has partially been successful in its appeal, I consider it fair and just that it be ordered to pay only a part of the costs….,. 1….,. 2….,. 3….,. 4. The appellant shall pay only two thirds of the costs of this appeal.
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HH804-15 : PHINIAS MUNORWEI vs JEREMIAH MUZA and NYASHA MURASIKWA and MR NDAGURWA
Ruled By: MAFUSIRE J

1….,. 2….,. 3….,. 4….,. 5….,. 6. The second defendant shall pay 75% of the plaintiff's costs of suit.
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HH257-18 : CLEVER VUTETE vs CHAIRPERSON OF THE APPEALS COMMITTEE (ZIMBABWE OPEN UNIVERSITY) and ZIMBABWE OPEN UNIVERSITY
Ruled By: MUNANGATI-MANONGWA J

Since the application succeeded partially insofar as declaring the first and second respondent's failure to deal with the applicant's appeal timeously declared unlawful, the applicant is entitled to 50% of his costs.The rest of the relief sought is denied….,.1….,.2….,.3. The first and second defendants to pay 50% of applicant's costs ...
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SC86-20 : CONSTANTINE CHIWENGA vs MARRY MUBAIWA
Ruled By: GWAUNZA DCJ, GARWE JA and BHUNU JA

It is trite that costs follow the results.In this case, there were three (3) substantive issues for determination, being:1. Access to the matrimonial home.2. Possession of the disputed properties.3. Custody of the three (3) minor children.The appellant has succeeded on two of the issues that arose for determination in this ...
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SC94-20 : ZIMBABWE HOMELESS PEOPLE'S FEDERATION and OTHERS vs MINISTER OF LOCAL GOVERNMENT AND NATIONAL HOUSING and ZVIMBA RURAL DISTRICT COUNCIL and LEENGATE PL and MINISTER OF LANDS
Ruled By: PATEL JA, MAVANGIRA JA and MATHONSI JA

As for costs, I see no compelling reason to deviate from the usual path that costs should follow the cause. The appellants, having succeeded in the main, are entitled to their costs on the ordinary scale.It is accordingly ordered that:1. The appeal is partially allowed with costs.
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SC103-20 : VERITAS and FIRINNE TRUST ALSO KNOWN AS VERITAS vs ZIMBABWE ELECTORAL COMMISSION and MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS and ATTORNEY GENERAL OF ZIMBABWE
Ruled By: GOWORA JA, GUVAVA JA and BHUNU JA

1. The appeal partially succeeds to the extent set out in paragraph 2 below.2. Paragraph 2 of the order of the court a quo is set aside and in its place is substituted the following:“The applicants shall pay the respondents' costs on the ordinary scale of costs, viz as between ...
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Appealed
HH46-09 : MATTHEW MBUNDIRE vs TYRONE SIM BUTTRESS
Ruled By: CHATUKUTA J

When a defendant is absolved from the instance he should be regarded as being the successful party, and the plaintiff should be ordered to pay the defendant's costs unless there are good reasons for ordering otherwise: see General Wholesale Suppliers (Pvt) Ltd v Aims Distributors 1975 (1) SA 600 (RA)…, ...
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SC00-89 : ART CORPORATION LTD vs MOYANA
Ruled By: GUBBAY JA, McNALLY JA and MANYARARA JA

The Corporation did not press its appeal against the Tribunal's refusal to order costs either way, and counsel for the appellant indicated, that, while he did not abandon his prayer for the costs of appeal, he was content to leave the matter to the Court. It seems to me that ...
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HH99-10 : CRAIG ROBINSON vs ROBERT ROOT PROPERTY CONSULTANTS and HAMMER AND TONGUES (PVT) LTD
Ruled By: MAKARAU JP

In view of the fact that both parties have been partly successful, I do not believe that it is in the interests of justice that I burden any of the parties with an order of costs....,.1....,. 2. Each party shall bear its own costs.
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Appealed
SC01-21 : BERNARD MARANGE vs ZVIDZAI MARANGE and MINISTER OF RURAL DEVELOPMENT, PROMOTION AND PRESERVATION OF NATIONAL CULTURE AND HERITAGE and PRESIDENT OF ZIMBABWE
Ruled By: GWAUNZA DCJ, PATEL JA and BERE JA

As for costs, given that both the appellant and the first respondent have enjoyed relative success in relation to the first and fourth grounds of appeal, I think it appropriate that each party should bear its own costs, both in the court below and herein on appeal....,.1....,.2....,.(i)...,.(ii)...,.(iii)...,.(iv) Each party shall ...
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SC02-21 : EDDIES PFUGARI (PVT) LTD and EDWARD NYANYIWA vs KNOWE RESIDENTS AND RATEPAYERS ASSOCIATION and NORTON TOWN COUNCIL
Ruled By: PATEL JA, BHUNU JA and BERE JA

As regards costs, counsel for the appellants submits that, once remitted, the lis between the parties is still alive and pending. Consequently, each party should bear its own costs.Counsel for the first respondent, on the other hand, initially sought punitive costs on a higher scale, but, later, acceded to costs ...
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SC03-21 : AFRITRADE INTERNATIONAL LIMITED vs ZIMBABWE REVENUE AUTHORITY
Ruled By: PATEL JA, BHUNU JA and BERE JA

To conclude, the first ground of appeal is struck out by consent. The second, third, fourth, and fifth grounds of appeal are dismissed. Only the sixth ground of appeal succeeds and is therefore upheld.As regards costs, the court a quo quite properly declined to award costs against the appellant on ...
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SC60-21 : LEATHOUT INVESTMENTS (PVT) LTD vs FUTURE MUVIRIMI and PETRONELLA MUVIRIMI
Ruled By: GOWORA JA, PATEL JA and BERE JA

The appellant has partially succeeded in relation to Ground 4. The costs should be apportioned between the parties.However, because of the irregularity that ensued when the court dealt with the matter as a stated case in the light of the material disputes of fact ex facie the alleged stated case, ...
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HMA28-20 : TRIANGLE LIMITED and HIPPO VALLEY ESTATES vs ZIMBABWE REVENUE AUTHORITY and OTHERS
Ruled By: ZISENGWE J

COSTSThe general rule is that the successful party is entitled to his costs.In determining who the successful party is, the court looks to the substance and not the form of the judgment.In the present case, the respondents who participated in this application (i.e. the first, the Zimbabwe Revenue Authority (ZIMRA), ...
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SC01-17 : JOSEPH LUNGU and OTHERS vs RESERVE BANK OF ZIMBABWE
Ruled By: GWAUNZA JA, PATEL JA and MAVANGIRA JA

As regards costs, in view of the partial success coupled with the partial failure of the appeal, as well as the impending remittal of the matter to the court a quo, I think it fitting that each party should bear its own costs....,.1....,. 2....,. 3....,. 4. Each party shall bear ...
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SC106-21 : CAIRNS FOODS LIMITED vs NETRADE MARKETING (PVT) LTD
Ruled By: MATHONSI JA, CHIWESHE JA and CHITAKUNYE JA

Regarding the issue of costs, the appellant has been substantially successful. It is entitled to its costs in the usual way wherein costs follow the result.
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SC116-21 : ALFRED MWAZHA and OTHERS vs ERNEST MHAMBARE
Ruled By: MAVANGIRA JA, UCHENA JA and CHIWESHE JA

We conclude therefore, that, the non-citation of the Archbishop was not fatal to the proceedings in the court a quo.Further, we are not persuaded by the appellants contention, that the court a quo erred and misdirected itself in holding, as it did, at paragraphs 1 and 2 of its order, ...
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SC127-21 : MIDLANDS STATE UNIVERSITY vs GALAXY ENGINEERING DESIGN CONSULTANTS (PRIVATE) LIMITED
Ruled By: GWAUNZA DCJ, BHUNU JA and MATHONSI JA

Regarding the issue of costs, a prayer was made, on behalf of the respondent, for costs to be awarded at an adverse scale. In submissions made before the court, that prayer was not motivated.In any event, the appellant has been partially successful.Accordingly, this is a case in which each party ...
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SC138-21 : DIVVYLAND INVESTMENTS (PRIVATE) LIMITED vs DAVID CHIWEZA
Ruled By: PATEL JA, GUVAVA JA and BHUNU JA

With regard to costs, the appellant has been partially successful and costs must follow the cause.
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SC141-21 : WISE GARIRA and SHEPHARD MASHINGAIDZE and BAYAI BAYAI vs NATIONAL ENGINEERING WORKERS UNION and FIRST CAPITAL BANK
Ruled By: GUVAVA JA, BHUNU JA and KUDYA AJA

COSTSThe courts always frown upon failure to obey court orders.The appellants moral turpitude in this case was however ameliorated by the fact that theirs was not a naked disobedience of a court order as they appear to have been ill-advised to act on the basis of a court order that ...
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HMA01-19 : ANNA MAWARE vs EMMANUEL CHIWARE
Ruled By: MAFUSIRE J

Both parties claimed costs of suit, the defendant on an attorney and client scale.The plaintiff has largely been successful, but only to the extent of roughly a third of her original claim. Therefore, she should be entitled to a third of her costs....,.(a)...,.(i)...,.(ii)...,.(iii)...,.(iv)...,.(v)...,.(b)...,.(c) The defendant shall pay one-third of the ...
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