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Hearsay Evidence, Res Gestae and Informants Not Presenting Corroborative Oral Evidence or Statements on Oath

SC32-12 : SWIMMING POOL & UNDERWATER REPAIR PL and AEPROMM RESOURCES PL and TOLROSE INVESTMENTS PL and PATTERSON TIMBA vs JAMESON RUSHWAYA and ANNIE RUSHWAYA
Ruled By: CHIDYAUSIKU CJ

The affidavit of W. Magweregwede, as the complainant in a criminal investigation, is totally inadequate, in that it does not corroborate the hearsay averments of Timba. The affidavit simply avers that he was assaulted. Timba, who was not present at the mine, chose not to explain how he came to be knowledgeable of the events ...
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HH176-12 : HENRY MUSHAMBI vs EXECUTOR, ESTATE MIRIAM MUNEMO (nee MADENGA) and EXECUTOR, ESTATE FAINA MUNEMO (nee MARUMURE) and ELIZABETH NZIRAMASANGA and DIRECTOR OF HOUSING, CITY OF HARARE
Ruled By: HUNGWE J

The plaintiff's witness confirmed that the only “sale” which the last dying wife, Faina Munemo, acknowledged to him, as executor of her estate, was that of the subsequent sale to the plaintiff.
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HH01-08 : SIMON FRANCIS MANN vs THE REPUBLIC OF EQUATORIAL GUINEA
Ruled By: MAKARAU JP and PATEL J

The appellant led viva voce evidence from the former Attorney-General for Zimbabwe and Commissioner on the African Commission for Human and Peoples' Rights. His evidence was, in essence, to the effect that when he was Commissioner with the African Union, he would receive reports similar to the ones that were adduced into evidence by the appellant. The contents ...
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HH112-09 : DR. J L MAVURUDZA AND MRS MAVURUDZA vs MEIDLER POOLS AND CONSTRUCTION (PRIVATE) LIMITED
Ruled By: BHUNU J

Under cross-examination, the defendant's Managing Director was asked: “Q: When you started and finished you did not have any instructions, or guide, from the manufacturers? A: As far as the Start-Up Guide is concerned we did not have such instructions. Q: This installation was done from the heads of the construction personnel? A: From the experience we have gained from ...
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HH123-09 : JOHN MANATSA vs ZONDAI CHIMBWANDA and GIVEMORE KARIMAZONDO and WILLARD DZOMBA and CITY OF HARARE
Ruled By: CHITAKUNYE J

The plaintiff's claim was for specific performance of an agreement of sale for the cession of personal rights and interests held jointly by the first defendant and second defendant in a property known as 5706 Muroro Crescent, Glen Norah B, Harare.The plaintiff asserted that he entered into the agreement with ...
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HB72-09 : RADAR INVESTMENTS (PVT) LTD t/a RADAR METAL INDUSTRIES vs K.A. AGENCIES AND DISTRIBUTORS (PVT) LTD
Ruled By: NDOU J

The plaintiff has issued summons against the defendant for the return of its trailer registration number 467-556M which had been leased to the defendant and which lease agreement has now been cancelled. Despite demand, the defendant has failed and/or refused to return the said trailer. Alternatively, the plaintiff prays that the value of the trailer should be ...
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HB106-09 : CHURCHVILLE TRADING vs BEVERLY BUILDING SOCIETY
Ruled By: KAMOCHA J

In order to determine the prices of the items that went missing Rodrick Mahachi obtained three quotations from reputable companies dealing in such items. Matkan, which was the cheapest of the three, gave a total value of US$37,810=80; Computer Shop's total value was US$40,497=25 and Bexley gave a total of US$44,378=50. The quotations were filed ...
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HH40-10 : THE DIOCESAN TRUSTEES FOR THE DIOCESE OF HARARE vs THE CHURCH OF THE PROVINCE OF CENTRAL AFRICA and BISHOP CHAD GANDIA
Ruled By: BHUNU J

The affidavit of Mrs.Vimbai Nyemba, a fellow legal practitioner, in support thereof is, however, to a large extent, hearsay evidence.
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HH55-10 : JEREMY STANDER vs NELTRA INVESTMENTS t/a DOUGLAS CAR SALES
Ruled By: BERE J

One could not help but to conclude that the suggestion by Mr. Douglas Tanyanyiwa that he was advised by the labour officers (which, incidentally, was hearsay evidence) that the plaintiff had snatched the original document of Exhibit 4 was clearly an afterthought.
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HH70-10 : CHURCH OF THE PROVINCE OF CENTRAL AFRICA vs ELSON M JAKAZI and ALEX & WEBB REALITY and THE REGISTRAR OF DEEDS
Ruled By: UCHENA J

Counsel for the applicant submitted that the evidence of the inquiry is not inadmissible hearsay as first hand hearsay is admissible in terms of section 27 of the Criminal Evidence Act [Chapter 8:01]. He further submitted that hearsay evidence is admissible in urgent interlocutory applications. Counsel for the first and second respondents, in response, submitted that ...
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HH69-10 : COTTON COMPANY OF ZIMBABWE LIMITED vs MOBIL OIL ZIMBABWE (PVT) LTD AND TOTAL ZIMBABWE (PVT) LTD
Ruled By: MAKARAU JP

It is common cause that the plaintiff compiled its reconciliation from the goods received vouchers generated by its depots. Not all of these vouchers were produced before the court. All I have is the oral evidence of the plaintiff's witnesses testifying as to the quantity of the diesel allegedly received by the plaintiff. Such oral ...
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Appealed
HH211-10 : VIRGINIA CHIKADAYA [in her capacity as The Executrix Dative of Cyril Chikadaya] vs CLADIOS CHENGA and ZAKEYO CHIKADAYA and BEAUTY MPOFU and REGISTRAR OF DEEDS
Ruled By: KUDYA J

Section 27 of the Civil Evidence Act [Chapter 8:01] and section 28 of the Civil Evidence Act [Chapter 8:01] provide - “27 First-hand hearsay evidence (1) Subject to this section, evidence of a statement made by any person, whether orally or in writing or otherwise, shall be admissible in civil proceedings as evidence of any fact ...
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HH267-10 : THE TRUSTEES OF THE LEONARD CHESHIRE HOMES ZIMBABWE CENTRAL TRUST vs ROBERT CHIITE and TOGAREPI CHIMBARANGA and ARTMORE DEMBEZEKE and OTHERS
Ruled By: UCHENA J

Mr Choto's evidence on the statement made to him by Mr Muzondo is.., hearsay. In terms of section 27(1) of the Civil Evidence Act [Chapter 8:01], such first hand hearsay evidence is admissible subject to its satisfying the requirements of section 27(4) of the Civil Evidence Act [Chapter 8:01]. Section 27(1) of the Civil Evidence ...
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HH122-13 : EFROLOU (PVT) LTD vs MRS MURINGANI
Ruled By: MAFUSIRE J

The defendant gave evidence. She called one witness, Majorie Quinisela Tshuma Majorie Quinisela Tshuma is the defendant's daughter and the late Muringani's step-daughter….,. None of Majorie Quinisela Tshuma's evidence was relevant. Her evidence was largely hearsay and therefore inadmissible….,.
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HH18-06 : MASIYIWA CLEOPHAS GONYE vs STELLA MARIS GONYE (NEE MUCHENJE)
Ruled By: UCHENA J

As to the extent of development of the Domboshawa house at the time she left…,. On this aspect, the defendant was relying on what she heard as she never set foot on the Domboshawa house. The plaintiff was in charge of the construction and was therefore better placed to know the stage of development at the time ...
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CC21-19 : NELSON CHAMISA vs EMMERSON DAMBUDZO MNANGAGWA and OTHERS
Ruled By: MALABA CJ, GWAUNZA DCJ, GARWE JCC, MAKARAU JCC, HLATSHWAYO JCC, PATEL JCC, BHUNU JCC, UCHENA JCC and MAKONI JCC

The applicant claimed that there were 200,000 votes created in Mashonaland Central Province. He said less than 200,000 people voted in the Province yet the Zimbabwe Electoral Commission announced votes in excess of 400,000. He said he based the conclusion that less than 200,000 people voted in Mashonaland Central Province on information emanating from a ZBC reporter, who ...
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HH184-15 : ANDREW CRANSWICK vs RETIRED MAJOR GENERAL HAPPYTON BONYONGWE
Ruled By: ZHOU J

In January 2011, the respondent instituted proceedings by way of summons under Case No. HC275/11 claiming payment of damages for defamation against the applicant….,. The applicant states that he did not publish the statements complained of by the respondent. The respondent relies on reports attributing the information to the applicant. The question of whether or not the statements ...
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HH14-09 : TENDAI MUZA vs CHRISTINA MUWIRIMI and FATIMA MURWISI and MUNICIPALITY OF CHITUNGWIZA
Ruled By: MTSHIYA J

In these proceedings the first defendant, who is late, is represented by Herbert Muwirimi, the executor of her estate…,. Herbert Muwirimi, the executor of the first defendant's estate, gave evidence, which, in the main, was based on hearsay. He said that the late first defendant was his aunt and was the owner of the property in dispute. ...
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Appealed
HH307-16 : ASSWELL GURUPIRA and JEAN GURUPIRA vs EARTHMOVING & CONSTRUCTION COMPANY PL and SANDRA MUIR and THE REGISTRAR OF DEEDS and THE SHERIFF and THE DEPUTY SHERIFF and JOHN LEGGATTE
Ruled By: MAKONI J

The present application was filed on 7 March 2008 and has raged on with various twists and turns, culminating in the hearing before me. The background facts are that, on 25 May 2007, the applicants (the Gurupiras) and the second respondent (Muir) entered into an agreement whereby Muir sold to the Gurupiras two (2) issued shares ...
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HH05-03 : U-FREIGHT EUROMAR (PRIVATE) LIMITED vs EMMANUEL MUTEBUKA
Ruled By: MAKARAU J

I believe the year 1989 is a good starting point for the story of one John Chidyiwa, the Managing Director of the plaintiff, and the defendant. Then, the two knew each other as work-mates in the Department of Customs and Excise (as it was then known). In or about 1993, the two became quite close friends. ...
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HH302-19 : ELIAS MASHAVIRA vs MOVEMENT FOR DEMOCRATIC CHANGE (MDC) and NELSON CHAMISA and ELIAS MUDZURI and THOKOZANI KHUPE and DOUGLAS MWONZORA and MORGAN KOMICHI
Ruled By: MUSHORE J

It is trite that hearsay evidence is not permitted in affidavits.
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SC70-20 : CITY OF HARARE vs AMOS CHIKWANDA
Ruled By: BHUNU JA

This is an application for reinstatement of an appeal in terms of Rule 34(5) of the Supreme Court Rules, 1964.The brief facts giving rise to the application are that the applicant employed the respondent as its clerical officer.Sometime in October 2011, the respondent received and receipted a total amount of ...
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CC09-20 : TUNGAMIRAI NYENGERA vs THE STATE
Ruled By: MALABA CJ

This is a chamber application for leave to appeal to the Constitutional Court (“the Court”) against a decision of the Supreme Court (“the court a quo”) in terms of Rule 32(2) of the Constitutional Court Rules S.I.61 of 2016 (“the Rules”), as read with section 167(5)(b) of the Constitution of ...
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HH220-11 : THE GOSPEL OF GOD CHURCH INTERNATIONAL 1932 vs SIMBA MUKAMBIRWA and OTHERS
Ruled By: MAVANGIRA J

These two matters were heard at the same time for the purposes of convenience.In the first matter, HC5403/09, the applicant seeks rescission of an order issued by this court on 28 October 2009 in HC4101/09.In the second matter, HC976/10, the applicants seek an order be found to be in contempt ...
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HB18-15 : JULIET NHLIZIYO (N.O.) and ESTATE LATE HAROLD NHLIZIYO vs NOKUTHULA MOYO and ESTER KELLI (N.O.) and ESTATE LATE PREECE NHLIZIYO and ASSISTANT MASTER (N.O.) and CITY OF BULAWAYO
Ruled By: MAKONESE J

This is an application for absolution from the instance.The first defendant contends that at the close of the plaintiff's case the court should find that the first plaintiff has hopelessly failed to place any evidence before the court upon which a reasonable court may find for the first plaintiff.A joint ...
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Appealed
SSC62-21 : KIZITO MUTSURE vs THE STATE
Ruled By: MAVANGIRA JA, UCHENA JA and MAKONI JA

This is an appeal against the conviction and sentence of the appellant by the High Court on a charge of murder.The appellant was charged with murder as defined in section 47(1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. The allegation was that on 23 October 2011, at ...
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HHH458-18 : THE STATE vs KIZITO MUTSURE
Ruled By: CHITAPI J and ASSESSORS: BARWA and CHITSIGA

The accused is charged with the crime of murder as defined in section 47 of the Criminal Law (Codification and Reform) Act [Chapter 9:23].The accused pleaded not guilty to the allegations, that, on 23 October, he unlawfully caused the death of Modester Chikaka by pouring paraffin over her body and ...
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HB25-15 : DORCAS MHLANGA vs BENJAMIN PHAKATSHANE
Ruled By: MUTEMA J and MOYO J

The late Addison Mhlanga was of Malawian extraction who came and naturalized himself in Zimbabwe.He married one Dinah Ndlovu but did not have children. The two then adopted Esther Ncube (nee Nkala) as their child. Dinah Ndlovu pre-deceased Addison Mhlanga. Addison Mhlanga died intestate on 22 September 2003 at age ...
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Appealed
HH510-20 : FRANCIS BERE vs JUDICIAL SERVICE COMMISSION and SIMBI MUBAKO and REKAYI MAPHOSA and TAKAWIRA NZOMBE and VIRGINIA MABHIZA and PRESIDENT OF ZIMBABWE and MINISTER OF JUSTICE, LEGAL & PARLIAMENTARY AFFAIRS and ATTORNEY GENERAL OF ZIMBABWE
Ruled By: CHIKOWERO J

This is an application for review of the Judicial Service Commission's decision to advise the President that the question of removing the applicant from the office of a judge ought to be investigated.The applicant is a judge of the Supreme Court and the Constitutional Court of the Republic of Zimbabwe.The ...
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HHMT43-19 : THE STATE vs MICHAEL MUNAPO
Ruled By: MWAYERA J and ASSESSORS: MAGOROKOSHO and MAWONEKE

In this case, the accused pleaded not guilty to a charge of murder as defined in section 47(1)(a) or (b) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] in which it is alleged, that, on 11 September 2018, at Gumtree Shop, Chitakatira Village, Chief Zimunya, Mutare the accused, ...