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Corroborative Evidence re: Approach, Affidavit of Interest, Uncorroborated or Single Witness Evidence & Evidence Aliunde

Appealed
HH46-09 : MATTHEW MBUNDIRE vs TYRONE SIM BUTTRESS
Ruled By: CHATUKUTA J

The defendant called two witnesses. The first witness was Michael Mukombami.At the time of hearing, he was the Acting Senior Vehicle Inspector. He had been in the employment of the Vehicle Inspection Department for 13 years since 1985. One of his duties was to examine vehicles involved in road accidents.He ...
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HH133-12 : MONICA CHIKOORE vs J P KADZIYA and DISTRICT ADMINISTRATOR, KADOMA DISTRICT and MINISTRY OF LOCAL GOVERNMENT
Ruled By: MATHONSI J

This is an urgent application in which the applicant seeks the following relief:“1. Terms of the Final Order SoughtThat you should show cause to this Honourable Court why an order should not be made in the following terms:(a) That the proposed meeting of 10 March be and is hereby set ...
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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 plaintiffs also called the evidence of one Emmanuel Gambara. He resides in Bindura and was once an employee of the defendant. During the course of his employment with the defendant, he was elected as a representative of the workers. He was one of the signatories to the agreement of 1 December 2003 and ...
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HH09-09 : SKF ZIMBABWE P/L vs PARIS OLYMPIOUS
Ruled By: MAKARAU JP

The defendant called Dorcas Sibindi, the manageress at the service station during the relevant time. Her evidence was brief and concise.She knew the second and third plaintiff's witnesses as the plaintiff was one of the account holders at the service station. The station operated three tanks; one for commuter buses, ...
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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

The first defendant called Chiedza Chemere. She alleged that she resided at the property as a tenant with two other tenants. She stated that the plaintiff's late husband used to visit the property on a motor bike and at times by car. He would come early in the morning, sprinkle some water and lay ...
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HH32-09 : MAFOSHORO FARM (PVT) LTD vs HURBERT NYANHONGO and TENDAI MBEREKO
Ruled By: CHITAKUNYE J

The applicant is a company with limited liability which purports to own all agricultural equipment and implements and runs farming operations at ELDORADO OF GWINDINGWI commonly known as MAFOSHORO FARM (PVT) LTD.The first respondent is a beneficiary of land wherein he was offered the “whole of Eldorado of Gwindingwi in ...
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Appealed
HH58-10 : DRAWING SERVICES (PVT) LTD vs BETTY KANYUCHI
Ruled By: BERE J

Evis Monica Mutodi was the second witness called by the defendant to bolster her case. The witness has a fairly balanced academic background and her chain of qualifications were given as follows:- a Bachelar's degree in Chemistry and a Certificate in Education (both from University of Zimbabwe), a qualified examiner with Zimsec and a Diploma in Real Estate ...
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HH02-10 : JOHN RODGER & OTHERS vs FRIK MULLER & OTHERS
Ruled By: PATEL J

The first and second applicants are directors of the third applicant, which operates safari activities in the Zambezi Valley Area.The first and second respondents are directors of the third respondent, which is also a safari operator.The fourth respondent is the National Parks and Wildlife Management Authority (the Authority) responsible for ...
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HH44-10 : JOHN STRONG (PVT) LTD and TOBS STRONG (PVT) LTD vs WILLIAM WACHENUKA
Ruled By: CHATUKUTA J

This is an application for contempt of court.The background to this application is that the applicants were the owners of Disi Farm (the farm). The farm has since been acquired by the State. The respondent was issued with an offer letter for subdivision 7 (Plot 7) of the farm by ...
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HH93-10 : SHADRECK MUREHWA vs STEPHEN NYAMBUYA
Ruled By: KUDYA J

The last witness called by the plaintiff was..,. He was the accountant for the Association...,. His version of events of 18 June 2009 was the same as that of the plaintiff and...,. He understood the words uttered by the defendant as a personal attack on the plaintiff who was merely the Chairman. He would ...
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Appealed
SC28-10 : JONATHAN MOYO and MOSES NDLOVU and PATRICK DUBE and SIYABONGA NCUBE vs AUSTIN ZVOMA N.O., CLERK OF PARLIAMENT and LOVEMORE MOYO
Ruled By: CHIDYAUSIKU CJ, MALABA DCJ, SANDURA JA, ZIYAMBI JA and GARWE JA

CHIDYAUSIKU CJ: This is an appeal against the judgment of the High Court wherein PATEL J dismissed the appellants' application to have set aside the election of the second respondent as the Speaker of Parliament (hereinafter referred to as "the Speaker").The appellants, as the applicants in the court a quo, ...
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HH106-09 : DELIWE CHINYEMBA vs CHRISTINA MAJAWALA
Ruled By: BERE J

The defendant's story was well-told, and well-supported, and was easy to follow, and it would have been extremely difficult for the court not to accept, wholesale, that story.
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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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HH117-09 : MICHAEL KATEKETA vs ONE WORLD GALLERIES (PVT) LTD and A MPOPOMA
Ruled By: MAKARAU JP

After testifying, the plaintiff called one Custon Muchepa (“Custon”)…,. On the material dispute of fact between the parties, Custon Muchepa did not have any personal knowledge as to whether the parties agreed to vary the lifetime or validity period of the quotation. He was not present when the plaintiff allegedly telephoned the second defendant to establish whether ...
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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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HH124-09 : MAXWELL TAWODZERA AND MARGARET TAWODZERA vs DANNY MASUKUMA
Ruled By: MAKARAU JP

The second plaintiff also gave evidence. She adopted the evidence given by the first plaintiff as a correct rendition of what transpired between the parties. She confirmed that the defendant paid the deposit stipulated in the first Agreement of Sale, and that she received the money...,. Regarding the signing of the two Agreements of Sale, her evidence ...
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HH124-09 : MAXWELL TAWODZERA AND MARGARET TAWODZERA vs DANNY MASUKUMA
Ruled By: MAKARAU JP

The defendant called one Stanislaus Runyararo Nyachowe. He is the Chief Executive Officer of Pfura Rural District Council in Mount Darwin. He came to confirm that the first plaintiff ceded his rights, title and interests in the properties in dispute to the defendant in October 2008. He further confirmed that the basis of the cession was ...
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HH141-09 : OLIVER CHIBAGE vs KUDZAI SIBUSISO NDAWANA
Ruled By: MAKARAU JP

The plaintiff applied to have affidavits by the three medical practitioners who attended to him in South Africa adduced into evidence.
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HB44-09 : MUSA MAPHOSA vs NDABA HLABANGANA
Ruled By: KAMOCHA J

The evidence of this witness did not buttress the plaintiff's case in any way.
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HB74-09 : PATRICK SIKHOSANA vs MTHANDAZO DUBE and SIBANGANI NCUBE and VUSA DUBE
Ruled By: KAMOCHA J

The defendant's witness did not take his story any further. Instead, his evidence established that there was no auction, and no auction charges. He confirmed that the $30 million was paid to the defendant and has not yet been paid back to the plaintiff.
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HH84-09 : LIZZIE MUKUMBA vs THE MINISTER OF HOME AFFAIRS and THE COMMISSIONER OF POLICE
Ruled By: KUDYA J

Assistant Inspector Edmore Chirume…, was the sole witness for the defendants….,. He was not a credible witness. He was guarded in his responses. He was visibly unease in the witness box. He deferred most of the questions that were asked to his section commander who was not called to testify. His evidence on how the riot was ...
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HH06-10 : HARLAND BROTHERS (PVT) LIMITED and RAYMOND FINAUGHTY vs THE MINISTER OF LANDS AND RURAL RESETTLEMENT and MRS WINNIE MUSHIPE
Ruled By: MUSAKWA J

Counsel for the second respondent next argued that the applicants have raised some allegations that are not substantiated. Some of the allegations raised by the second applicant are not corroborated by Mr. Harland, or the farm manager, or farm employees.
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HH11-10 : NABANE ROY TSHUMA vs TONGAI MUSEMBURI and TENDAI MUSEMBURI and MACKSON TOTSHANE NCUBE and THE REGISTRAR OF DEEDS
Ruled By: KARWI J

The court also observed that the third defendant did not give evidence. Mr.Gabriel, who is a crucial witness in this case, did not give evidence as well. The third defendant's evidence was crucial in establishing whether the Agreement between him and the first and second defendants was properly cancelled. Mr. Gabriel's evidence was necessary in clarifying what ...
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HH17-10 : TOMU NYANDORO vs ESTATE LATE PAULINO OLIVERIA MARTINS represented by the Executor and THE MASTER OF THE HIGH COURT and CHRISTOPHER MARTINS
Ruled By: CHITAKUNYE J

He also attached a copy of the pro-forma invoice from Nissan Diesel South Africa (Pvt) Ltd in his name and a supporting affidavit from Edmore Musandiriri.
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HH25-10 : MAXWELL MATSVIMBO SIBANDA vs GWYNNE ANNE STEVENSON
Ruled By: CHITAKUNYE J

The plaintiff gave evidence after which his wife testified.
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HH35-10 : RUTH MUSONZA (nee MTANAUKWA) vs ESHMAEL MUSONZA
Ruled By: GUVAVA J

The defendant also called Nicholas Musonza.He confirmed that the parties married in accordance with customary law in December 1992 after the plaintiff had eloped. He was working at Mediocre Business Merchants (Pvt) Ltd at the time. He denied that the plaintiff ever worked at the company. He stated that the ...
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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

Both officers who handled the Notice of Appeal in the Supreme Court and the High Court have filed affidavits. Their respective affidavits confirm the Registrar's report in every material respect.
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HH55-10 : JEREMY STANDER vs NELTRA INVESTMENTS t/a DOUGLAS CAR SALES
Ruled By: BERE J

The evidence of Noah Silvester Gomera was unable to add value to the defendant's case as he admitted that he had no independent knowledge as regards how the transaction with the plaintiff was conducted.
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HH33-09 : LOUIS MADZONGO vs GLADYS BESENT
Ruled By: CHATUKUTA J

The second defence witness was Wilbert Tunha, the defendant's husband. His evidence was substantially the same as the defendant. He testified that the plaintiff gave him the quotation for $5,583,250,000= (old currency). He made two payments into the plaintiff's account to settle the amount stated in the quotation. The payment was made against the defendant's will. ...
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HH78-10 : EUGENIA MTENGWA vs OLIVER MTENGWA
Ruled By: MUSAKWA J

Costa Bare, who is the plaintiff's cousin, also testified. He stated that he and the plaintiff used to own First Mutual shares. The plaintiff had subsequently purchased additional shares. In January 2006, when he visited the parties, the defendant had told him that he had experienced problems at his workplace which had resulted in the plaintiff ...
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HH121-10 : POWER COACH EXPRESS (PVT) LIMITED vs MARTIN MILLERS AND ENGINEERS
Ruled By: BERE J

The plaintiff's position that there was written assurance by the defendant that the tanks had been manufactured as per specifications was confirmed by the defendant's representative.
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HH149-10 : FOOLPROOF ENTERPRISES (PRIVATE) LIMITED vs SURFACE INVESTMENTS (PRIVATE) LIMITED
Ruled By: KUDYA J

The procedure she outlined was confirmed by Peter Mahachi.
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HH168-10 : THOMAS TUNGAMIRAI vs LORRAINE TUNGAMIRAI
Ruled By: MUSAKWA J

Julie Zieve also testified to the effect that she has known the defendant since she was twelve years old. She confirmed that a client of hers, Mrs Du Toit, indicated that she wanted to sell her mother's Strathaven house. She gave Mrs Du Toit's contact details to the defendant.
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HH172-10 : COTTON GINNERS ASSOCIATION vs SINO ZIMBABWE COTTON HOLDINGS (PVT) LTD and AGRICULTURAL MARKETING AUTHORITY
Ruled By: CHIWESHE JP

The supporting affidavit of Mr Tanga Matema corroborates the opposing affidavit made on behalf of the first respondent. In particular, attention is drawn to clause 4.2 of the Agreement between the first respondent and Mr Tanga Matema's company, Plotland Investments (Pvt) Ltd, wherein the agent company is prohibited from purchasing cotton contracted by other companies. ...
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HH173-10 : TAMBUDZAI MAFUSIRE vs LEWIS GREYLING and ELGREY INVESTMENTS (PVT) LTD
Ruled By: CHATUKUTA J

The plaintiff issued summons claiming damages arising from a motor vehicle accident which occurred on 18 May 2007. The plaintiff's claim is founded on allegations that the accident was solely due to the negligence of the first defendant in that:(a) He attempted to overtake another vehicle in the face of ...
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HH175-10 : CHIPO DERA vs CYNTHIA KAMBEZA
Ruled By: KUDYA J

Timothy Manatsa came to know the plaintiff, her husband, and the defendant because of the marital discord that the three generated which came to the police for resolution. At the time, he was based at the Victim Friendly Unit of the police. He was involved in counselling the two women. He confirmed the version ...
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HH175-10 : CHIPO DERA vs CYNTHIA KAMBEZA
Ruled By: KUDYA J

The defendant called the plaintiff's husband to testify on her behalf. His evidence was in agreement with hers to the extent that he denied the existence of either a love or sexual relationship between them. He, however, contradicted her. She said she left his clothes where his wife had dumped them but he alleged ...
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HH176-10 : JOYCE CHAGADURA vs SHELLY ANTONIO and REGIS MUVEREGI and DIRECTOR OF HOUSING CITY OF HARARE and SHERIFF OF THE HIGH COURT
Ruled By: GUVAVA J

Agushita Sinati told did not give her evidence well. The evidence was very disjointed and unclear. In one breath she would say the deceased was not married to the first defendant and in the next breath she would refer to the plaintiff as the junior wife….,. The evidence by Agushita Sinati was not reliable as she ...
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HH183-10 : LUKE CHIGWIDA and MAVIS CHIPFUPA vs WITBEST ENTERPRISES (PRIVATE) LIMITED and SYDNEY CHADA and MAINLINE TANKERS and STANLEY CHIHURI
Ruled By: MAVANGIRA J

In any event, the fourth defendant himself confirmed that the deceased travelled for a long distance behind him without overtaking him, although he said that he assumed that the driver (the deceased) was happy to follow behind him.
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HH19-09 : RACHEL T DUBE vs RHODA MUCHETWA and THE REGISTRAR OF DEEDS
Ruled By: MAKARAU JP

The first respondent also filed a supporting affidavit by one Mangwiro, a legal practitioner, who was intimately involved in the negotiations and the drafting of the agreements between the parties. In his affidavit, Mangwiro averred that the applicant knew that the first respondent was only disposing of her Chegutu property on condition she acquired a ...
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HH125-10 : SNOCROSS INVESTMENTS (PVT) LTD vs IRVINES ZIMBABWE (PVT) LTD
Ruled By: KUDYA J

Joshua Ushe was present when the vehicle was re-weighed. He confirmed Cletos Makono's evidence in his regard.
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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 next witness was Tendai Alexander Munyavi. He is an employee of Insurance Consultance Services. His evidence was to the effect that the plaintiff was their client. The plaintiff's motor vehicle had been insured with them on a third party policy. He confirmed that after the accident the plaintiff had problems with the defendant. The ...
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HH209-10 : PETER NYANDORO vs CHRISTOPHER MUKOWAMOMBE and JULIA MUKOWAMOMBE and MASTER OF THE HIGH COURT
Ruled By: GUVAVA J

The next witness was Sergeant Jaison Mapfumbate. He testified that he knew the deceased as a workmate as they worked together at the Harare Magistrates Court from 1995 to 2000. He attended the deceased's funeral since he is a Chaplin for the Zimbabwe Republic Police. He confirmed that the applicant was present at the funeral. ...
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HH209-10 : PETER NYANDORO vs CHRISTOPHER MUKOWAMOMBE and JULIA MUKOWAMOMBE and MASTER OF THE HIGH COURT
Ruled By: GUVAVA J

The next witness was Hardlife Tafadzwa Mukowamombe. He was the deceased's eldest son. He stated that the applicant is his step-father. He told the court that at the time of his mother's death the applicant was not staying with them as he had moved out of the home in 2001. He stated that from ...
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HH215-10 : BERNARD VENGAI vs BENJAMIN CHUMA and NEW DONNINGTON FARM (PRIVATE) LIMITED
Ruled By: KUDYA J

The plaintiff further called the evidence of his nephew…, who was with him in the vehicle on the night in question. The plaintiff called Shawn Munawa. He was fourteen at the time of the accident. He could only say he remembered seeing the chevron pattern of the trailer before the Mercedes Benz hit the trailer. Under cross ...
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HH240-10 : DOREEN SAGANDIRA vs PATRICK SAGANDIRA
Ruled By: MAVANGIRA J

The defendant called one Phibeon Makuyana whose testimony was to the following effect. He was the go-between during the time when the parties got married. He confirmed that he signed exhibit 3 as a witness and that he was thereby signifying that he was present when an amount of $73,200,000= was handed to the Kasu family. When ...
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HH273-10 : WYNINA (PRIVATE) LIMITED vs MBCA BANK LIMITED
Ruled By: PATEL J

George Viljoen Kriel is a Director of the plaintiff company. He corroborated the testimony of Chantelle Natalie Kriel and Jacoba Johanna Catherina Kriel. He added that, in the case of a globular or cumulative retention application, the rate of exchange was fixed as at the date of each sale and not at the date of ...
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HB80-10 : NAISON CHAGARA GONOUYA vs SHADRECK HUKUIMWE and JUSTICE MUNYAMANA and BULAWAYO CITY COUNCIL
Ruled By: KAMOCHA J

The plaintiff called two witnesses to support his story after he himself had given evidence. Rendy Mauchaza told the court that he was present when the plaintiff bought the said house from Shadreck Hukuimwe but the house could not be registered into the name of the plaintiff as he did not have a registered marriage then. ...
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HH06-11 : RITA SEKESAI CHIWANDAMIRA vs JOSEPHINE MUPANDAWANA
Ruled By: CHATUKUTA J

Stanley testified for the defendant. He confirmed having a relationship with the defendant between 1981 and 1982. The relationship was resuscitated in 2006 to the present date. During the period from 1982 and 2006 he did not have an intimate relationship with the defendant. In 1987 and 1988 he sired two children with other women. In ...
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HH09-13 : RUSITU AGENCIES (PRIVATE) LIMITED vs PETER FUNGAYI KANGARA
Ruled By: MAVANGIRA J

Chikowa Kaunda was the next witness for the defence. He said that he was employed by the defendant as a manager for close to a year and that he left employment in November 2010. He said that the plaintiff company used to supply them with cigarettes. The plaintiff company would advise them as to when they ...
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