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Variation of Contracts re: Deed of Settlement, Compromise Agreement iro Tender of Settlement and Mitigation of Damages

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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HH146-09 : ELLIOT MUTANGADURA vs T.S. TIMBER BUILDING SUPPLIES
Ruled By: PATEL J

The plaintiff in this case claims the delivery of 1,200 bags of PC15 cement or, in the alternative, damages for breach of contract equivalent to the current market value of the cement, being US$11,400=, and costs of suit. The defendant resists the claim on several grounds, to wit, that delivery of the cement was conditional on the ...
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HH164-09 : ZIMRE PROPERTY INVESTMENT (PVT) LTD vs CITY CALVARY CHURCH
Ruled By: GOWORA J

On 26 October 2007, the parties compromised and entered into a Deed of Settlement, which is the basis upon which the applicant has now approached this court for appropriate relief. Counsel for the applicant indicated that the applicant did not, through these proceedings, seek the eviction of the respondent from the premises but sought merely to give ...
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HH164-09 : ZIMRE PROPERTY INVESTMENT (PVT) LTD vs CITY CALVARY CHURCH
Ruled By: GOWORA J

In the result, I find that the respondent has not established any basis for this court not to order that the Deed of Settlement be put into effect. It is, therefore, only just that the applicant be permitted to renovate the church hall as agreed by the parties.
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HH164-09 : ZIMRE PROPERTY INVESTMENT (PVT) LTD vs CITY CALVARY CHURCH
Ruled By: GOWORA J

I will, therefore, issue an order in the following terms – IT IS HEREBY ORDERED THAT: 1. The applicant be and is hereby permitted to effect renovations to the church hall in terms of the Deed of Settlement entered into by the parties on 25 October 2007. 2. In compliance with paragraph 5 of the Deed of Settlement, ...
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HH106-10 : COLLIN DUBE AND 129 OTHERS vs TUNGPAL INVESTMENTS (PVT) LTD and THE MESSENGER OF COURT, HARARE
Ruled By: BHUNU J

The one hundred and thirty applicants are tenants of the first respondent at its various flats in Harare. Following a legal battle the parties concluded a Deed of Settlement on 4 May 2010 in the following terms –“1. The applicants shall pay to Messrs Manase and Manase all monies due as rentals at the thresholds ...
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HH121-10 : POWER COACH EXPRESS (PVT) LIMITED vs MARTIN MILLERS AND ENGINEERS
Ruled By: BERE J

The defendant sold the tanks to a third party, and, when a letter threatening criminal action was written to it, the defendant offered to refund the plaintiff the amount it had paid. The plaintiff was not amenable to this suggestion.
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HH161-10 : NEVER BVOCHORA vs DOUGLAS TOGARASEI MWONZORA (In his capacity as The executor Dative of the Estate Late I.V. Rukatya)
Ruled By: HUNGWE J

The plaintiff gave evidence himself. He did not call any witness. His evidence was that he had entered into an Agreement of Sale of Plot 339 Mkwasine with the defendant. In terms of that Agreement, which is now exhibit 1, he was to pay Z$300 million by 20 February 2006, Z$50 million by 4 ...
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HH206-10 : STANBIC BANK ZIMBABWE LIMITED vs FLAIR FURNITURE COMPANY (SUCCESSORS) LIMITED
Ruled By: MTSHIYA J

Several attempts to settle the matter at the pre-trial conference stage were made but to no avail.The final settlement offer from the defendant, which was rejected by the plaintiff, was made on 29 October 2009 in the following terms -“Dear SirsFlair International (Private) Limited and Stanbic Bank Zimbabwe LimitedWe refer to the numerous attempts to ...
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HB125-11 : PASTOR MOYO and REVEREND DWIGHT BALTZELL and REVERND DARREL LEE and THE APOSTOLIC FAITH MISSION OF PORTLAND OREGON vs REVEREND RICHARD SIBANDA and THE APOSTOLIC FAITH MISSION
Ruled By: MATHONSI J

This matter has a checkered history dating back more than 6 years to April 2005. Since then no less than six (6) court processes have been issued out of this court involving the same parties. The parties have been to the Supreme Court and back but have, regrettably, come nowhere near resolving the dispute ...
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HH06-11 : RITA SEKESAI CHIWANDAMIRA vs JOSEPHINE MUPANDAWANA
Ruled By: CHATUKUTA J

Tender of damages I have chosen not to assess any damages on the basis that the defendant contended that she paid the damages that the plaintiff had claimed in her summons. Any such assessment would be dependent on my finding whether or not the defendant discharged her liability. On 28 July 2008, the defendant, through her erstwhile ...
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HH14-13 : JOHN SWAY MUGADZAHWETA vs AZVIRIBASI NENGOMASHA
Ruled By: HUNGWE J

Upon being ejected from the site, the defendant claims that he made a tender for payment but this was rejected.
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HH78-11 : PETER MUCHIRAHONDO vs BARBRA MUCHIRAHONDO (nee TIVENGA)
Ruled By: CHITAKUNYE J

On 2 July 2010, during a pre-trial conference held before GUVAVA J, the parties confirmed the areas of disagreement and agreement. They, thereafter, signed a Deed of Settlement confirming the manner in which all other issues were to be settled save for the matrimonial home. The Deed of Settlement states among other things that:- “…,. Whereas the ...
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HH114-13 : JASSAT, MAHOMED AND ESSOF (PVT) LTD vs OAKVIEW INVESTMENTS (PVT) LTD
Ruled By: ZHOU J

This is an application for the ejectment of the respondent and all persons claiming occupation through it from premises known as Number 61 Leopold Takawira Street, Harare, together with holding over damages in the sum of US$166=66 per day calculated from 01 August 2012 to the date when the defendant vacates the premises. The factual ...
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HB84-11 : HENRY SHONAI TODZANISO vs HELEN LADAS and KNIGHT FRANK and DEPUTY SHERIFF
Ruled By: NDOU J

The facts of this matter are the following. The applicant was a tenant of the first respondent at the abovementioned premises. At the stage where he owed the first respondent arrear rentals the sum of US$8,000=, the latter issued summons, under HC2301/10, to recover the same. In the fullness of time, the first defendant applied for ...
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SC28-13 : JENA MINES (PVT) LTD vs AMTEC (PVT) LTD
Ruled By: ZIYAMBI JA, GARWE JA and OMERJEE AJA

Whether the respondent is obliged to deliver the T35 vehicle to the appellant. On 15 June 2004, less than two (2) months after making payment, the appellant wrote to the respondent complaining about the delay in delivering the T35 truck and asking for “a firmer position as to when supply is going to be.” The respondent replied ...
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SC57-15 : D. L. MAKGATHO vs OLD MUTUAL LIFE ASSURANCE (ZIMBABWE) LIMITED
Ruled By: GWAUNZA JA, GARWE JA and PATEL JA

THE NATURE OF THE EXTENSION GRANTED TO THE PRINCIPAL DEBTOR As already noted earlier in this judgment, the principal debtor had failed to comply with the agreement when the respondent agreed to allow him more time to regularize his studies and thereafter to come back to Zimbabwe and commence employment. The agreement, in my view, was ...
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HH130-16 : YAKUB MAHOMED vs JOHN ARNOLD BREDENKAMP
Ruled By: CHIGUMBA J

On 12 September 2014, the plaintiff issued summons against the defendant for USD$3,872,123= (three million eight hundred and seventy two thousand one hundred and twenty three United States dollars), payable in terms of an agreement between the parties dated 12 August 2012, plus interest thereon at the prescribed rate calculated from 28 February 2013 to the ...
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Appealed
SC71-18 : CURECHEM OVERSEAS (PVT) LTD vs VADAC PROPERTIES (PVT) LTD
Ruled By: GARWE JA, GUVAVA JA and MAKONI JA

Counsel for the appellant argued that the court a quo further erred in allowing the claim as the respondent had made an offer to repair the premises, which offer was denied, thus the respondent's loss was self-authored….,. Counsel for the respondent also submitted that the appellant's offer to pay US$3,000= for fixing the premises was a clear concession of ...
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HH98-16 : VADAC PROPERTIES [PRIVATE] LIMITED vs CURE CHEM OVERSEAS [PRIVATE] LIMITED
Ruled By: MAFUSIRE J

The defendant also alleged that it had offered, to quote directly from its plea, “to attend to a certain 'pink'/'red'…, in the spirit of avoiding further quarrel with Plaintiff and not out of any legal obligation [o]n its part.” The defendant said, in the end, it had not attended to the “pink” [or “red”] because the plaintiff had frustrated ...
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HH454-18 : YAKUB MAHOMED vs JOHN BREDENKAMP
Ruled By: CHIKOWERO J

This is an opposed summary judgment application.The law on the relief of summary judgment is settled.In sum, it is to enable a plaintiff with a clear case to obtain quick judgment against a defendant who has no real defence against the claim.The plaintiff's claim must be unanswerable both on the ...
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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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SC32-09 : VIMBAI MBISVA vs RAINBOW TOURISM GROUP LIMITED t/a RAINBOW HOTEL & TOWERS
Ruled By: SANDURA JA, ZIYAMBI JA and MALABA JA

This is an appeal against a judgment of the Labour Court which set aside an arbitral award made in favour of the appellant.The background facts may be tabulated conveniently as follows:1. The appellant (“Vimbai”) was employed by the respondent (“the Hotel”) as a supervisor.2. On 18 January 2005 the Hotel ...
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HH198-10 : BIRCH WILLIAMS vs MARIA KATSANDE and DELITTE PRODUCTS (PRIVATE) LIMITED
Ruled By: MAWADZE J

The applicant seeks a provisional order in the following terms:-“Terms of the provisional order granted1. Respondents be and are hereby ordered to forthwith hand over a property listed in Annexture 'B' to the founding affidavit to the applicant upon service of this order.1(a) In the event of the respondents refusing ...
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HH27-07 : EDWARD MARUME and ELLEN CHAMUNORWA vs TODD MURANGANWA
Ruled By: MAKARAU JP

This matter came before me in Motion Court as an application for default judgment in terms of Rule 58 of the High Court Rules, 1971.The facts of the matter, as set out in the plaintiffs' affidavit of evidence, are as follows:The plaintiffs are husband and wife. On 12 April 2005, ...
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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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Appealed
SC36-12 : RESERVE BANK OF ZIMBABWE vs CAFCA LTD
Ruled By: MALABA DCJ, ZIYAMBI JA and OMERJEE AJA

This is an appeal against the judgment of the High Court granting with costs a claim by the respondent for:(i) Payment of the sum of US$750,000.(ii) Interest tempore morae at the London Interbank rate for United States dollars, at 3.5% per annum, from 1 September 2005 to the date of ...
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