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Delictual Damages re: Economic or Monetary Loss iro Property Loss or Damage

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

At the conclusion of the hearing of this matter in the High Court, the court, inter alia, granted absolution from the instance in respect of the appellant's claim for general damages, future expenses, and replacement value for his motor vehicle. It is only against that portion of the judgment that ...
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HH60-09 : TENDAI MAZANHI vs DAISY MAROVANIDZE and CHEEZ HOLDINGS (PRIVATE) LIMITED
Ruled By: CHITAKUNYE J

As regards damages sustained by his motor vehicle, the plaintiff indicated that his motor vehicle suffered extensive damages including the bursting of its air bags. After the collision, the second defendant's insurers assessed his motor vehicle and ruled that it was damaged beyond economical repair. It was also his evidence that at the time of the collision ...
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SC09-12 : THE COLD CHAIN (PRIVATE) LIMITED vs ROBSON MAKONI
Ruled By: SANDURA JA, ZIYAMBI JA and GARWE JA

The respondent's motor vehicle was damaged beyond repair.
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HH33-09 : LOUIS MADZONGO vs GLADYS BESENT
Ruled By: CHATUKUTA J

The vehicle sustained serious damages. The plaintiff attempted to have the vehicle repaired but the cost was prohibitive. He was only able to purchase headlamps, shock absorbers, and the front grill. Some of the garages did not have the required spare parts in stock. The defendant's husband offered to assist in repairing the vehicle. He paid a ...
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HH123-10 : SPORROW HAULIERS (PRIVATE) LIMITED t/a J & J TRANSPORT vs GILBERT MASVINGISE and FAXRIDGE (PRIVATE) LIMITED t/a MUKAHIWA HAULAGE
Ruled By: KUDYA J

The defendants did not challenge the value of the smaller parts used in the repairs amounting to US$1,350=77 that are reflected in the job card.The reasonable cost of repairs adduced by the plaintiff consisted of the aggregate figure of the undisputed cost of the smaller parts of US$1,350=77; the rear suspension air bags of US$150=; ...
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HH173-10 : TAMBUDZAI MAFUSIRE vs LEWIS GREYLING and ELGREY INVESTMENTS (PVT) LTD
Ruled By: CHATUKUTA J

DamagesThe next issue for determination revolves on the measure of damages, if any, that are due to each party.The plaintiff abandoned her claim for the following damages:(a) Hospital, x-rays, and other related expenses;(b) Orthopaedic surgeon's costs;(c) Charges for towing the damaged motor vehicle;(d) Costs of replacing spectacles; and(e) Value of ...
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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

The plaintiffs' claims as stated above must otherwise succeed. Costs will follow the cause. It is therefore ordered as follows - 1. Judgment is granted in favour of the first plaintiff against the first and second defendants jointly and severally, the one paying the other to be absolved, in the sums of: (a) USD2,100= (Two thousand one hundred United ...
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HH49-13 : FIRST CLASS ENTERPRISES (PVT) LTD vs TRYMORE MUCHINGAMI AND 2 OTHERS
Ruled By: MATHONSI J

The plaintiff instituted proceedings for delictual damages in respect of costs of repairs to its vehicle in the sum of $4,200= and loss of business in the sum of US$5,140=. The second defendant went on to make a counter claim of US$16,000= against the plaintiff which he alleged was the cost of preparing his AVM bus ...
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HH280-14 : JAMERA PATSWAWAIRI TILTON vs GOODLUCKY SIMOKO and RM INSURANCE
Ruled By: MTSHIYA J

On 18 July 2011, the plaintiff issued summons against Goodlucky Simoko, as first defendant, and RM Insurance, as second defendant. Action against RM Insurance was subsequently withdrawn through notice filed on 1 September 2011. In this action, the plaintiff seeks the following relief: “(a) Payment in the sum of US$5,600= being the cost, according to the least ...
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HH804-15 : PHINIAS MUNORWEI vs JEREMIAH MUZA and NYASHA MURASIKWA and MR NDAGURWA
Ruled By: MAFUSIRE J

The plaintiff, a self-actor, initially claimed from all three defendants, jointly and severally, damages in the sum of US$32,484=, being the estimated cost of repairs to his Mercedes Benz motor vehicle (“the Mercedes”) that was damaged in an accident involving himself and a commuter omnibus being driven by the second defendant….,. On quantum, the second ...
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HH138-11 : DAVID MUYAMBO vs JOHN NGOMAIKARIRA and RICHARD MASHAMBA and RAY MAVHEYA and ROGER WHITTAL and COMMISSIONER-GENERAL OF POLICE and MINISTER OF HOME AFFAIRS
Ruled By: PATEL J

The plaintiff claims US$2,000= for repairs to his Pajero, as evidenced by an invoice from Mitsubishi Motors for ZAR15,600= [Exhibit 3]….,. Claim for Special Damages The plaintiff claims the sum of US$2,000= as special damages in respect of repairs to his motor vehicle. In support of this claim, he tenders an invoice for ZAR16,500= from a South African ...
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HH92-14 : MANGWIRO SIBANDA vs JANE HAPPIAH CHIKUMBA and ALTFIN INSURANCE COMPANY
Ruled By: CHIGUMBA J

The plaintiff issued summons against the defendants, on 11 September 2012, claiming: (a) Payment of the sum of US$3,700= being the cost of repairs to his Toyota sprinter motor vehicle registration number AAQ 5021 negligently damaged by the first defendant on 17 December 2011 who was at the time driving a Toyota Land Cruiser registration number AAX 3378 ...
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HH809-15 : MANGWIRO SIBANDA vs JANE HAPPIAH CHIKUMBA and ALTFIN INSURANCE COMPANY
Ruled By: CHIGUMBA J

In an application for the recusal of a judicial officer, what must be proved is the mere possibility of bias, not actual bias. What is important when considering the circumstances of each case is the impression or perception that is created in the mind of right thinking people - not the applicant's subjective impression of bias. The test ...
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HH56-17 : MANGWIRO SIBANDA vs JANE H. CHIKUMBA and ALTFIN INSURANCE COMPANY
Ruled By: MATANDA-MOYO J

The plaintiff instituted proceedings against the defendants, jointly and severally, the one paying the other to be absolved for the following relief; 1. Payment of the sum of $3,700= being costs of repairs to the plaintiff's sprinter vehicle registration number AAQ 5021 which was damaged due to a collision solely caused by the first defendant. The other vehicle ...
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Appealed
HH46-09 : MATTHEW MBUNDIRE vs TYRONE SIM BUTTRESS
Ruled By: CHATUKUTA J

At the conclusion of the trial, I directed that the parties file closing submissions by close of business on 31 October 2008.The plaintiff filed his submissions timeously. Despite numerous reminders to the defendant's counsel, the defendant did not file his submissions.I have therefore proceeded to prepare my judgment without the ...
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HB32-15 : ANDREW NDLOVU and CHIHWA TOURS vs THEMBINKOSI SIBINDI
Ruled By: MUTEMA J and MOYO J

By the time the appeal was heard, on 2 February 2015, the respondent had, on 15 January 2015, filed a document headed “CONSENT TO JUDGMENT” wherein he indicated that he was consenting to the order sought in the appeal.We allowed the appeal in terms of the consent and indicated that ...
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