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Evidence on Behalf of a Corporate Entity and Institutional Memory

HB10-12 : NOBERT KATERERE vs STANDARD CHARTERED BANK ZIMBABWE LTD
Ruled By: NDOU J

The defendant called two witnesses namely...., who were employed as General Manager Distributions: Branch Sales and Services and Business Relationship Manager, respectively....,. The witness categorically indicated how the plaintiff utilized all the funds in his account..., the witness also evinced that it was also unlawful to do what the plaintiff says the defendant's employee undertook. ...
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HB13-12 : WAGLEY INVESTMENTS (PVT) LTD vs TADEU MUPANEMUNDA
Ruled By: NDOU J

The applicant's case is simply that the parties entered into a written contract and it was signed by...,as a witness, who deposed to a supporting affidavit confirming this.The applicant has made out a case for the summary judgment.
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HH13-09 : BORDER TIMBERS LIMITED vs ZIMBABWE REVENUE AUTHORITY
Ruled By: MAKARAU JP

The plaintiff filed a delictual claim against the defendant, seeking damages in the sum of US$709,948.It was specifically alleged in the plaintiff's declaration that the defendant wrongfully and unlawfully sought to levy import duty on certain resin imported by the plaintiff for its manufacturing processes using an incorrect tariff, causing ...
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HH20-10 : CHRISTOPHER GWIRIRI vs STARAFRICA CORPORATION (PRIVATE) LIMITED t/a HIGHFIELD BAG (PRIVATE) LIMITED
Ruled By: CHITAKUNYE J

Mr Reginald Takura Kawonza, the defendant's Human Resources Officer gave evidence. Unfortunately, as he confirmed himself, at the time of the accident he was not yet employed by the defendant. He thus had no first hand evidence on the events in question. He could not confirm that the plaintiff was a Tapeline II Operator. He ...
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HB02-12 : MUNICIPALITY OF VICTORIA FALLS vs LOIDA NYATHI and 11 OTHERS
Ruled By: NDOU J

These are twelve cases, which were consolidated into two matters, which were heard at the same time.For easy reference, the one matter involved what may be called the ZimSun houses (five (5) defendants under HC2224/08). The five defendants being Alice Ndlovu, Sivumo Ndlovu, Kambarachi Zex Raura, Freda Khumalo and Simolita ...
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HH00-08 : AGRICULTURE BANK OF ZIMBABWE LTD T/A AGRIBANK vs DATANET TECHNOLOGY ZIMBABWE
Ruled By: MTSHIYA J

The cause of action in this case arises out of an alleged breach of contract by the defendant for the supply of 20 IBM A50 desktop computers (computers) to the plaintiff.The plaintiff is suing the defendant for specific performance or payment of damages in lieu thereof.At the commencement of the ...
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HH135-09 : SIMBARASHE ANTONIO and KINGSTONE MUJATI and ASHANTI GOLDFIELDS ZIMBABWE LIMITED vs ASHANTI GOLDFIELDS ZIMBABWE LIMITED and REGISTRAR OF DEEDS and KWADZANAYI BONDE
Ruled By: MAKARAU JP

The testimony of Agasi Wala was largely a reflection of his personal opinion. It was not based on personal experience as he was not part of the management team that negotiated the sale or disposal of the housing units. He did not sit on the Board where the issue was debated and resolved. ...
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HH08-09 : TARUVA TARUVA vs DEVEN ENGINEERING P/L and MOTEC HOLDINGS P/L and REGISTERING OFFICER, CENTRAL VEHICLE REGISTRY
Ruled By: MAKARAU JP

The defendants also called Richard Nyatsoka. He is Managing Director of the first defendant. He was the plaintiff's immediate boss. The witness testified as to the terms of the motor vehicle policies that the defendants had and how the plaintiff qualified under the second defendant's policy. He also confirmed that he had authorized the plaintiff to transfer ...
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HH09-09 : SKF ZIMBABWE P/L vs PARIS OLYMPIOUS
Ruled By: MAKARAU JP

Some day in or around October 2003, a businessman, who still believes in customer care, moved down the fuel queue that had formed at his forecourt to ensure that no one was jumping the queue. He would stop and chat with this or the other customer. He came across a ...
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HH18-10 : CENTRAL AFRICA BUILDING SOCIETY vs EPHISON NDAHWI
Ruled By: MAKARAU JP

The plaintiff issued summons against the defendant on 10 September 2009 claiming the following: 1. Payment of the amount of US$52,579=51 with interest thereon capitalized monthly at the rate of 12% per annum from 7 September 2009 to date of payment in full;…,. To the application was attached an affidavit deposed to by one Sinikiwe Elizabeth Mukondiwa (“Mukondiwa”), the ...
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HH01-09 : CONSTANTINOS BAKARIS vs GEORGE KATTAVENOS
Ruled By: KUDYA J

The plaintiff did not testify...,. The plaintiff's son testified...,. His mother is the defendant's sister. He alleged that he had personal and intimate knowledge, of his father and uncle's business operations. The plaintiff's son established, through the valuation reports...., the joint ownership of these four properties. This is apparent from the titled deeds that are part of these ...
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HH01-09 : CONSTANTINOS BAKARIS vs GEORGE KATTAVENOS
Ruled By: KUDYA J

The defendant was also represented by his twenty-four year old son, Nicholas Kattavenos, who was his only witness. He was born on 28 January 1983. He has always been involved in the running of his father's business since he was sixteen years old, and commenced to do so in his own right at nineteen years of age...,. ...
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HH108-09 : CHAIR RORE vs THE MINISTER OF DEFENCE
Ruled By: CHITAKUNYE J

The plaintiff is a male adult resident at House Number 2365 St Marys Chitungwiza. The defendant is the Minister of Defence cited in his official capacity.On 14 November 2003, the plaintiff filed a suit against the defendant for damages in the sum of Z$500,000. The plaintiff alleged, that, on 19 ...
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HH112-09 : DR. J L MAVURUDZA AND MRS MAVURUDZA vs MEIDLER POOLS AND CONSTRUCTION (PRIVATE) LIMITED
Ruled By: BHUNU J

The defendant's Managing Director gave evidence to the effect that his company relined the pool in accordance with the standard application for such product, as recommended by the manufacturer of the product, Cemcrete South Africa. It is needless to say he is not qualified to give that kind of evidence because he was not present when ...
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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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HH125-09 : TAKAWIRA MAPAYA vs STEELFORCE HOLDINGS (PRIVATE) LIMITED
Ruled By: MAKARAU JP

The defendant opened its case by calling one Martin Mahlamvana (“Mahlamvana”). He is a Sales Clerk with the defendant and has been in the employment of the defendant for a commendable thirty years. He was the first contact that the plaintiff made with the defendant. His evidence was also to large extent a narration of the events ...
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HH144-09 : NEGOWAC SERVICES (PRIVATE) LIMITED vs 3D HOLDINGS (PRIVATE) LIMITED AND GIFTCARE ELECTRICAL (PVT) LTD t/a REG ELECTRICAL WHOLESALERS
Ruled By: MTSHIYA J

The defendants led evidence from Regis Jamba, the Managing Director of both defendants. He has been the Managing Director of both companies since 1997. In the main, Regis Jamba's evidence was a confirmation of what the plaintiff's witness told the court. Regis Jamba said after their offer of US$2= per square metre, which was made on 17 February ...
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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

The Evidence At the trial of the matter, the plaintiff called one Webster Nhamo Dongo as its first witness. At the time he testified, he was the plaintiff's Purchasing Manager. In that position, he was responsible for all the purchases of the plaintiff, including that of fuel. At the time of the transactions between the parties ...
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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

Next to testify on behalf of the plaintiff was one Caspa Mangwiro, the plaintiff's Materials and Logistics Officer. During the relevant period, he was responsible for monitoring the fuel that was delivered to the plaintiff's depots. He investigated the matter of the alleged shortfall in the diesel delivered by the defendant. In carrying out this investigation he ...
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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

The first defendant called one Benjamin Matanda as its only witness. He is employed by the second defendant as Customer Care Manager. At the relevant time, he was employed by the first defendant in the same capacity. He is familiar with the business relationship and arrangements that obtained between the plaintiff and the first defendant. To the ...
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HH87-10 : VENETIAN BLINDS SPECIALISTS LIMITED vs APEX HOLDINGS (PRIVATE) LIMITED
Ruled By: PATEL J

Evidence of the Plaintiff Mario de Angelis is the Managing Director of the plaintiff company, and his evidence was as follows. On 11 February 2003 the plaintiff succeeded in a counterclaim for breach of contract against the defendant in the High Court of Malawi. However, the plaintiff was aggrieved by the fact that only general damages were ...
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HH102-10 : OLD MUTUAL LIFE ASSURANCE COMPANY ZIMBABWE (PVT) LTD vs PETER RAFTOPOLOUS t/a SELECTIONS
Ruled By: MTSHIYA J

The plaintiff called three witnesses. The first witness, Washington Moyo, now an Investment Analyst with the plaintiff, said that at the material time he was in the employ of the plaintiff as a Property Manager assigned to manage the plaintiff's Avondale properties. He was responsible for negotiating lease agreements and rentals attaching to such leases. ...
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HH121-10 : POWER COACH EXPRESS (PVT) LIMITED vs MARTIN MILLERS AND ENGINEERS
Ruled By: BERE J

THE EVIDENCE Blazio Nyariri, the plaintiff's Managing Director, gave evidence for the plaintiff, and basically his evidence was, in all material respects, consistent with the summary of the plaintiff's case as outlined above. The witness confirmed that upon being given a quotation for the manufacture and supply of the tanks in issue he placed an order with ...
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HH149-10 : FOOLPROOF ENTERPRISES (PRIVATE) LIMITED vs SURFACE INVESTMENTS (PRIVATE) LIMITED
Ruled By: KUDYA J

The plaintiff called the evidence of its Director Pauline Muyambo and an assistant to the driver who delivered the loads in question, Peter Mahachi. The defendant relied on the testimony of its Managing Director Maurice Chinyani. Pauline Muyambo stated that the plaintiff company is a coal merchant. She solicited for business from the defendant company through ...
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HH186-10 : CAFCA LIMITED vs RESERVE BANK OF ZIMBABWE
Ruled By: MTSHIYA J

On 29 July 2008, the plaintiff issued summons against the defendant for the following relief:-“(a) Payment of the sum of US$750,000.(b) Interest a tempore morae at the London Interbank rate for United States dollars, 3.5% per annum, from 1 September 2005 to date of payment.(c) Costs of suit.”The background to ...
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HH125-10 : SNOCROSS INVESTMENTS (PVT) LTD vs IRVINES ZIMBABWE (PVT) LTD
Ruled By: KUDYA J

The plaintiff called its Managing Director. He established that his company was owed US$37,873=10. He disputed that the plaintiff owed the defendant US$62,724=42 or US$29,850=90 or any sum of money. He denied that the plaintiff overstated any tonnage on any one of its deliveries to the defendant during the period from 2 June to 7 July ...
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HH145-10 : TENDAI MUCHENJE vs G. AND M. PANEL BEATERS t/a SUPREME PANEL BEATERS & SPRAY PAINTERS
Ruled By: CHITAKUNYE J

The second witness for the defendant was one Tichaona Masike. He is the defendant's employee who worked on the motor vehicle in question. At the time, he was a panel beater. He has since risen to panel beater class 1, and is the defendant's Workshop Foreman. His evidence was to the effect that, at the time, the ...
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HH202-10 : OBRIDGE ENTERPRISES (PVT) LTD vs PULWICK ENTERPRISES (PVT) LTD
Ruled By: KUDYA J

The defendant called the evidence its manager, Eddington Zhou, based at Zengeza 5 Spar, the supermarket which received the consignment of 3,000 bags from the plaintiff. He confirmed that the defendant received 3,000 bags of mealie meal from the plaintiff. He further confirmed that the defendant sold 516 of those bags leaving a balance of ...
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HH206-10 : STANBIC BANK ZIMBABWE LIMITED vs FLAIR FURNITURE COMPANY (SUCCESSORS) LIMITED
Ruled By: MTSHIYA J

The plaintiff called one witness, a Mr Weston Munashe Makwara...,.. He said he is employed by the plaintiff as an Executive Director (Corporate and Investments Banking). His duties involved looking after customer relationships- particularly large customers. He was aware of the loan agreement between the plaintiff and the defendant; he then produced exhibit 1 containing ...
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HH235-10 : LUKE DAVIES vs PREMIER FINANCE GROUP LIMITED
Ruled By: PATEL J

When questioned by the Court, Prisca Nyamupachitu explained that she was testifying on behalf of the defendant as part of her Human Resources duties. She has previously represented the defendant as a witness in all the other labour matters that have proceeded beyond the internal procedures of the defendant.
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HH268-10 : TOTAL ZIMBABWE (PRIVATE) LIMITED vs APPRECIATIVE INVESTMENTS (PRIVATE) LIMITED
Ruled By: KUDYA J

The plaintiff called the evidence of its Territory Manager, Lovemore Tichaona Kuwana, and produced two documentary exhibits. The defendant called the evidence of its Managing Director, Ronald Mhlanga, and produced exhibit 3, a 14-paged bundle of correspondence exchanged between the parties.
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HH277-10 : BENCHILL INVESTMENTS (PVT) LTD vs BATTERY WORLD (PVT) LTD
Ruled By: KUDYA J

Graham Pierce Mommsen, the Managing Director of Battery World, testified. He was not involved in the day to day operations of the town branch. He spoke to the general policy of his company on quotations in the hyperinflationary environment that characterized the Zimbabwean economy at the time. He stated that at the material time prices for ...
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HH09-13 : RUSITU AGENCIES (PRIVATE) LIMITED vs PETER FUNGAYI KANGARA
Ruled By: MAVANGIRA J

Vincent Bushu was called next. He testified to the following effect. He is a sales representative of the plaintiff company - and has been so for 7 years. The defendant has been their customer for two years and was on a 7 day account. The witness would first collect from the defendant the money for the ...
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HH30-11 : PRIMAC ENTERPRISES (PRIVATE) LIMITED t/a PRIMAC TELECOMMS vs NATIONAL HANDICRAFT CENTRE (PRIVATE) LIMITED and VICE SECURITY COMPANY (PRIVATE) LIMITED
Ruled By: MTSHIYA J

The first witness called by the plaintiff, Mr Alvin Dumisani Ncube, had testified that he was the Managing Director of the plaintiff. He said because of the nature of his equipment, he had, from the commencement of the lease agreement, in 2005, indicated to the first defendant the need for security and had even offered ...
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HH114-11 : TUNATEMORE PRINTERS (PVT) LIMITED vs ORAGPLATE (PVT) LIMITED
Ruled By: BERE J

Sharon Samushonga put herself in the most unenviable situation of having to testify on issues that allegedly happened long before she came into the picture. The accepted evidence is that the defendant took occupation of the leased property in 2002 and that Sharon Samushonga joined the plaintiff as its Chief Operations Officer in June 2008. The ...
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HH117-13 : SUNBEACH PROPERTIES (PRIVATE) LIMITED vs NATIONAL SOCIAL SECURITY AUTHORITY and REGISTRAR OF DEEDS
Ruled By: MUSAKWA J

Evidence for the plaintiff was led from its Director, Sales Manager, Property Negotiator as well as the Health and Safety Manager of Total Zimbabwe (Private) Limited….,. Phillip Mugadza, a Director of the plaintiff was the next to testify. He stated that he was not involved in negotiations for the sale of Chibuku House. He referred to ...
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HB20-13 : FORT ENTERPRISES (PVT) LTD vs NOMALANGA SIBANDA
Ruled By: NDOU J

The plaintiff called one witness, one Simbarashe Nhopi in support of its case. He is its Administration Manager. He testified that the plaintiff used to run a butchery from a leased property along Fort Street and 13th Avenue. The said premises have been recovered by the landlord thus necessitating the plaintiff to seek alternative premises to operate ...
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HH287-14 : FRANCIS MAKANDIRASA MAZARURA vs RHODAH KATIVHU
Ruled By: MWAYERA J

Nevison Nyamhute also testified as the last witness on behalf of the plaintiff. The witness, an employee of the Ministry of Rural Resettlement, Mutoko, left the court wondering if the Ministry is aware their face is in such incapable hands in Mutoko. One would only gape in amazement as he recounted events that unfolded at his office. His ...
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Appealed
SC33-18 : SMIT INVESTMENT HOLDINGS SA (PROPRIETARY) LIMITED and GENET MINING (PROPRIETARY) LIMITED vs THE SHERIFF OF ZIMBABWE and PUNGWE MINING (PVT) LTD
Ruled By: MALABA CJ, HLATSHWAYO JA and PATEL JA

The evidence of the former employee of Mbaba Mine is only helpful to the extent that it proves what is already common cause, to wit, that Mbada Mine was the importer of the equipment. He could not positively state whether Mbada Mine had purchased the equipment before it was imported or paid for it at ...
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HH135-15 : D BANK LTD vs ZIMBABWE REVENUE AUTHORITY
Ruled By: KUDYA J

At the appeal hearing, the appellant called the testimony of six witnesses….,. Three of the witnesses flew from the headquarters of the foreign based Banking group that controls both the appellant and the related party. These were the Group General Counsel, who has been with the group since 2002, the Financial Controller, who has been with the ...
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HH385-13 : WEBSTER RUSHESHA (guardian of Panashe and Tivonge Rushesha) and RASAR INV PL vs ALEXIOUS DERA and ZIMCOR TRUSTEES LTD and FRANK BUYANGA and BOKA INV PL and MATTHEW BOKA and ANOR
Ruled By: ZHOU J

The second defendant led evidence through one Simon Charehwa who is its Public Officer. His evidence was that the second defendant, represented by Frank Buyanga, the third defendant, purchased shares in the second plaintiff from Alexious Mashingaidze Dera, the first defendant. The witness stated that the person who dealt directly with the plaintiff was the third ...
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Appealed
SC21-19 : RONALD BAKARI vs TOTAL ZIMBABWE (PRIVATE) LIMITED
Ruled By: GARWE JA, GUVAVA JA and BHUNU JA

Having failed to obtain its money from SM Tyres (Pvt) Ltd, the respondent then issued summons in March 2014 out of the High Court against the appellant for payment of the amount owing because SM Tyres had failed to pay the judgment debt. It sued on the strength of a surety document. It alleged that the ...
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HH222-16 : TOTAL ZIMBABWE (PVT) LTD vs RONALD BAKARI
Ruled By: DUBE J

The trial opened with the plaintiff calling its General Trade Manager, Ester Verenga. She was the plaintiff's sole witness. She testified that when the transaction in issue was entered into she was the Retail Manager for the plaintiff…,. The witness acknowledged, under examination, that she is not the one who prepared the Deed of Suretyship as a ...
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HH43-06 : ZIMBABWE DEVELOPMENT BANK vs NAGA SALONS and NYARAI CHIWAURA and BETTY CHIWAURA
Ruled By: KUDYA J

The plaintiff called the evidence of its Credit Controller, one Dumisani Sibanda and produced three (3) documentary exhibits in a bid to prove its claim…,. The witness failed to express himself clearly on the discount rate. He confused himself by seeking to equate it with interest when it was not interest….,. The defendants sought clarification not only on how ...
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HH50-12 : CHEMATRON PRODUCTS ZIMBABWE (PVT) LTD vs TENDA TRANSPORT (PVT) LTD and REGISTRAR OF DEEDS
Ruled By: BERE J

The plaintiff's case was built around the evidence of its Managing Director, Mr Killian Kufahakurambwi….,. To counter the evidence of the plaintiff was the evidence of Mr John Thomson Mungwari, the Managing Director of the first defendant.
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HH379-14 : RESERVE BANK OF ZIMBABWE vs PRIVILEGE MATURURE
Ruled By: MATHONSI J

The plaintiff's case was presented through the evidence of its head of Human Resources Division, Elliot Short Rwatirera, who has been so employed for 14 years, and its Senior Executive Support Services, Francis Tamanikwa….,. The two (2) gentlemen who testified on behalf of the plaintiff gave their evidence extremely well supported by documentation which they explained very clearly. ...
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HH207-15 : G BANK ZIMBABWE LTD vs ZIMBABWE REVENUE AUTHORITY
Ruled By: KUDYA J

The evidence of the Head of Corporate was that all the money was supplied from the offshore related party at the margin and interest rate stated in the facility letter to whom all the capital and interest were remitted.It seems to me that he did not fully disclose the nature ...
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HH352-18 : N.R BARBER (PRIVATE) LIMITED vs ZAMBEZI GAS ZIMBABWE (PRIVATE) LIMITED
Ruled By: MUZENDA J

The plaintiff, N.R Barber (Private) Limited (hereinafter referred to as “plaintiff”) is a company duly registered in terms of the laws of Zimbabwe, whose registered office is 114 Seke Road, Graniteside, Harare. The plaintiff specialises in mining operations, underground, open cast, mining plans, transport logistics for ferrying the ore from ...
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HH211-18 : MOSLEY MASHINGAIDZE vs PRECIOUS CHIPUNZA
Ruled By: MATANDA-MOYO J

The plaintiff sued the defendant by way of summons for the following relief;(a) An order evicting the defendant and all those claiming occupation through him from the plaintiff's premises known as Number 20 Saint Stephens Road, Meyrick Park, Harare;(b) Holding over damages in the sum of $500 per month with ...
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HH688-14 : GERALD CHIWESHE and SAMEER KHAN and BRUCE THOMAS vs AIR ZIMBABWE HOLDINGS (PVT) LTD
Ruled By: MTSHIYA J

In this consolidated action, each plaintiff claims payment of salary arrears and allowances from the defendant.On 22 January 2013, KUDYA J, who dealt with the pre-trial conference relating to the parties herein issued the following order:“IT ORDERED THAT:1. The parties have failed to reach a settlement.2. The present matter, HC315/12, ...