Law Portal
Zimbabwe

Welcome To Law Portal

Welcome, Guest!
[Help?]

Corroborative Evidence re: Pervasive or Undue Influence, Partisan Evidence and Witness Coaching

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 ...
More

SC25-09 : AIDAN BECKFORD vs ELIZABETH BECKFORD
Ruled By: SANDURA JA, ZIYAMBI JA and GWAUNZA JA

On 20 December 2006 the High Court granted a decree of divorce and other ancillary relief in a divorce action in which Mr Beckford was the plaintiff and Mrs Beckford the defendant. Aggrieved by part of the Order, Mr Beckford appealed to this Court. The Notice of Appeal, in relevant ...
More

Appealed
HH58-10 : DRAWING SERVICES (PVT) LTD vs BETTY KANYUCHI
Ruled By: BERE J

John Chagaresango was the last witness for the defendant and is closely related to the defendant in that he is a son to the defendant's older sister….,. It was quite revealing that John Chagaresango vividly remembered Ms Elizabeth Chidavaenzi instructing Fingold Real Estate to dispose three of her properties but conveniently he said he was only involved in ...
More

HH101-09 : JULIET MUCHA vs PHILIMON MUCHA
Ruled By: BERE J

Four people gave evidence in this case. The plaintiff, and her husband, testified in favour of the plaintiff's case. The defendant and his son, Evanz Mucha, testified in favour of the defendant's case. Where closely related family members are the key witnesses in trial proceedings, the court has to exercise extreme caution because the chances of being ...
More

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 ...
More

HB74-09 : PATRICK SIKHOSANA vs MTHANDAZO DUBE and SIBANGANI NCUBE and VUSA DUBE
Ruled By: KAMOCHA J

Further, under cross-examination, it was suggested that the defendant was coerced by police to advertise the vehicle in the press. The plaintiff's response to the suggestion established that the suggestion was false. The vehicle was advertised in the press from 9 January 2006 to 13 January 2006. The defendant was only handed over to the police after it ...
More

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 ...
More

HH174-10 : SAMSON MARTIN MEKI vs VHURAMAYI VHUSHANGWE and OTHERS
Ruled By: CHATUKUTA J

The plaintiff issued summons on 23 July 2007 claiming the following relief:“(a) An order declaring that the only families entitled to the Mapanzure chieftainship are the following families:1. Chimbuya.2. Magwirokona.3. Mavhengere.4. Bwangundoga.5. Mupandasekwa.6. Gwenhamo.7. Shumbayaonda.(b) An order declaring that according to customary principles of succession to the Mapanzure chieftainship, the ...
More

HH175-10 : CHIPO DERA vs CYNTHIA KAMBEZA
Ruled By: KUDYA J

The plaintiff's maid, Mary Mudala confirmed the plaintiff's testimony to the hilt. She started working for the plaintiff in October 2008.The plaintiff and her husband quarrelled over suspicions that he was having a love affair with the defendant. She was present when the plaintiff barged into the defendant's house and saw the plaintiff's husband, almost ...
More

HH128-10 : SILVERTON ESTATES (PVT) LTD and MICHAEL CHARLES JAHME vs IGNATIOUS KAMBA and PROSPER SITHOLE and SAMUEL ZUZE and OTHERS
Ruled By: CHIWESHE JP

In support of this application, the applicants filed a founding affidavit signed by one Michael Charles Johanne, a Director and Shareholder of the first applicant, and a supporting affidavit signed by one Elsie Johanne, wife to Michael Charles Johanne.
More

View Appeal
HH215-10 : BERNARD VENGAI vs BENJAMIN CHUMA and NEW DONNINGTON FARM (PRIVATE) LIMITED
Ruled By: KUDYA J

I am aware that by virtue of their employment with the second defendant, these witnesses could have colluded to give complementary evidence. It was, however, the duty of the plaintiff to expose their complicity through cross examination. Their evidence was consistent both in-chief and under cross examination. They were honest on their shortcomings. Lovemore Ndodo s ...
More

View Appeal
HH273-10 : WYNINA (PRIVATE) LIMITED vs MBCA BANK LIMITED
Ruled By: PATEL J

Jacoba Johanna Catherina Kriel is the wife of the plaintiff's Managing Director. She personally delivered the plaintiff's retention application to the defendant's Agri-business Branch on the 16th of September 2008, for the attention of the Branch Manager. There was no query about the application from the defendant thereafter.
More

HH226-10 : PEPUKAI MUSARIRI vs MUSIWA MUTAVAYI and BLESSING KUPARA and NORTON TOWN COUNCIL and REGISTRAR OF DEEDS
Ruled By: MUSAKWA J

Mable Dominica Tudu, the plaintiff's sister in-law, confirmed that she is the holder of a bank account with ZB Bank, Angwa Street branch. She stated that she had no idea how the money was deposited into her account. She also had no knowledge of how the first defendant got details of her bank account. ...
More

HB80-10 : NAISON CHAGARA GONOUYA vs SHADRECK HUKUIMWE and JUSTICE MUNYAMANA and BULAWAYO CITY COUNCIL
Ruled By: KAMOCHA J

The defendant called his wife as a defence witness but she did not take his case any further.
More

HB145-10 : JANE NYIKA vs THEMBANI MOYO and ALPHEUS NCUBE and REGISTRAR OF DEEDS and CITY OF BULAWAYO
Ruled By: MATHONSI J

The plaintiff's two witnesses, Florence Chawira and Ngonidzashe Mlauzi did not take her case anywhere. Clearly, they appeared over-coached and desperately wanted to present themselves as victims of the machinations of the second defendant. They tried to give an impression that they fortuitously met the plaintiff and learnt of her plight which is similar to ...
More

HH02-13 : RUMBIDZAI SHAAMANO vs JABULANI NKOSI
Ruled By: CHITAKUNYE J

Venencia Nyatsungo gave evidence for the defendant. She was the parties' maid for about five years. Her evidence could not take the defendant's case any further. It was clear from her testimony, and the manner in which she testified, that she was there to support the defendant's cause. Though she attempted to paint the plaintiff as ...
More

HH32-11 : MAGAYA OBERT CHITSAMATANGA and MURORO AARON CHITSAMATANGA and OTHERS vs FANNUEL CHITSAMATANGA and GUTU & CHIKOWERO ATTORNEYS AT LAW and MASTER OF THE HIGH COURT
Ruled By: MAKONI J

The next witness was Edwin Mharadzi Muzembe Chapwanya. He is the Chief of the Chapwanya clan in Buhera. He is related to the testator through ancestry. On 9 January 2005, he attended a gathering at the testator's farm. He was invited by the first defendant. He went with his uncle Sidney Jongwe and his wife. Present ...
More

HH50-13 : MADOCK CHIVASA vs AARON NYAMAYARO and LAWRENCE MOYO and ZIMBABWE NEWSPAPERS (1980) LTD
Ruled By: KUDYA J

It became apparent, under cross-examination that Elizabeth Mutetwa was coached on what to say by the first defendant. Like the first defendant, she associated the plaintiff's nickname with violence only because she called him “Murder” instead of “Meda.” She did not see him acting violently against anyone. She came to demonize the plaintiff as ...
More

HH112-11 : VALERIE MAKONI vs WILFORD MAKONI
Ruled By: CHITAKUNYE J

The testimony by Weston Masiyandima Musumire was to the effect that he is the builder who was engaged by the defendant to complete the construction of the house. In his evidence in chief he maintained throughout that he was being paid by the defendant at each stage of the construction. Under cross examination, it became clear that ...
More

HH364-13 : ENNETY GUNDA vs OLIVER MASOMERA N.O. and TSITSI GUNDA and LANGTON MASHIRI and THE MASTER OF THE HIGH COURT and REGISTRAR OF DEEDS
Ruled By: MAWADZE J

Anderson Gunda, who testified in support of the plaintiff's case, told the court that the plaintiff is born to Cecilia Gunda. He denied that he shares the same mother with the plaintiff. He said he was born in 1974 and Daison in 1976 and that when Cecilia Gunda married their father he was six ...
More

HB38-11 : JONATHAN NATHANIEL MOYO vs JOHN LANDA NKOMO and DUMISO DABENGWA
Ruled By: BERE J

Joram Ndlovu said the whole day the story was about the plaintiff and the speeches were punctuated by slogans calculated to demean the plaintiff. The witness, who, by his own admission, is closely related to the plaintiff could not take it in. The result of all this was his unceremonious resignation from ZANU (PF). Having examined ...
More

HH122-13 : EFROLOU (PVT) LTD vs MRS MURINGANI
Ruled By: MAFUSIRE J

Majorie Quinisela Tshuma had, in fact, sat in court as the defendant was giving her evidence. Counsel for the defendant had been candid enough to bring this to my attention and to highlight the caution with which I would have to approach her evidence. Majorie Quinisela Tshuma's evidence was that after the trial had begun ...
More

HH314-14 : TERERAI MUGWADI vs MTANDAZO DUBE and ZIMBABWE NEWSPAPERS (1980) LIMITED and EDDIE DHLIWAYO
Ruled By: CHIGUMBA J

Kudzai Kelvin ChisvoHe was the plaintiff's third witness, and he told the court that he has known the plaintiff since they were in high school together, and that, at the time that the article was published he was the Secretary General of the Urban Groovers Association. He testified that even though he has known the ...
More

HB05-14 : CASPER SIBANDA vs BARNABAS SIGOLA
Ruled By: MOYO J

The defendant's wife, Sicolani Ncube…, confirmed that she was there when the plaintiff was paid the sum of ZAR15,000=.
More

SC22-16 : MICHEAL HENRY BROWNE vs TANGANDA TEA COMPANY
Ruled By: ZIYAMBI JA, GWAUNZA JA, PATEL JA

The appellant challenges the finding of the court a quo that the evidence of Eulater Makuyana was corroborated by that of Irene Sithole. It is contended as follows in his heads of argument: “With respect, Irene Sithole did not corroborate Ms Makuyana's evidence as the Labour Court found. At best, Irene Sithole's evidence merely lent ...
More

HH31-15 : ISAAC CHAMBA vs MAYBE NGWARATI
Ruled By: CHITAKUNYE J

The defendant also called Agnes Nyathi, the woman whose love relationship with the plaintiff led to the 1982 separation. Agnes' evidence was to the effect that she came into the house a few weeks after the defendant had left and found the house complete except that it was not painted. Agnes also tendered photographs she ...
More

Appealed
SC45-20 : MUCHANETA CHATAMBUDZA vs KUDAKWASHE MURAPE and MARBEL MURAPE
Ruled By: GWAUNZA DCJ, GARWE JA and MAKONI JA

This is an appeal against the whole judgment of the High Court declaring the Agreement of Sale between the appellant and the respondents valid and binding on the basis that the appellant had the requisite mental capacity to contract and granting the consequential relief of eviction of the appellant….,.The appellant ...
More

View Appeal
HH339-18 : KUDAKWASHE MURAPE and MABLE MURAPE vs MUCHANETA CHATAMBUDZA
Ruled By: CHIKOWERO J

The crisp issue for determination is whether, at the material time, the defendant did not have the mental capacity to enter into the Agreement of Sale by reason of insanity.If the answer is in the affirmative, the Agreement of Sale entered into between the plaintiffs and the defendant, on 26 ...
More

Appealed
SC50-20 : ALASTAIR SMITH vs ABIGAIL SMITH
Ruled By: GARWE JA, BHUNU JA and MAKONI JA

This is an appeal against part of the judgment of the High Court. The appellant specifically appeals against paragraphs 2 and 3 of the operative part of the judgment which awarded the respondent maintenance at the rate of US$3,000 per month until she dies, remarries, or cohabits with another man ...
More

View Appeal
HH540-16 : ALASTAIR SMITH vs ABIGAIL SMITH
Ruled By: UCHENA J

The plaintiff sued his wife, the defendant, seeking a decree of divorce and other ancillary orders.The parties were married on 5 October 1991 in Bulawayo. Their marriage was blessed with a son who has since attained the age of majority and obtained his first degree. He is staying with the ...
More

HH551-15 : W AND D CONSULTANTS (PRIVATE) LIMITED vs SEAN THOMAS NIELSON DORAN
Ruled By: DUBE J

Our courts have held that a husband and wife hold a uniquely special relationship and that they normally have a common interest and household: see Warren Park Trust v Antony Ernest Pahwaringira and Others HH39-09 and Masiyiwa Cleopas Gonye v Stella Mavis Gonye SC15-09.
More

HB124-03 : EMMAH MUHAMBI vs STANLEY MUSENDO
Ruled By: CHEDA J

On 24 September 2003, the applicant, through an urgent chamber application, applied for custody and the terms of that order are:“1. That custody of the minor child, Precious Paidamoyo Musendo, be and is hereby granted to the applicant with the respondent being accorded access on prior arrangement with the applicant.2. ...
More

HHB100-17 : ELIZABETH SHAVA vs PRIMROSE MAGOMORE N.O. and NATIONAL PROSECUTING AUTHORITY
Ruled By: MATHONSI J

I also do not agree that a witness is disqualified from giving credible evidence merely by virtue of relationship to the complainant.
More

SSC86-21 : MUNYARADZI KEREKE vs FRANCIS MARAMWIDZE and THE PROSECUTOR GENERAL
Ruled By: MAKONI JA

This is an opposed application for leave to appeal made in terms of section 44 of the High Court Act [Chapter 7:06] as read with Rule 20(1) of the Supreme Court Rules, 2018.The applicant was convicted of rape and sentenced to an effective 10 years imprisonment by the Harare Regional ...
More

SSC111-21 : MUNYARADZI KEREKE vs THE STATE and FRANCIS MARAMWIDZE
Ruled By: MWAYERA JA

On 4 August 2021, after considering all documents filed of record and having been orally addressed by counsel, I issued an order admitting the applicant to bail, and indicated that I would avail written reasons for my disposition. The reasons are captioned herein.THE PARTIESThe applicant was convicted by the Regional ...
More

HHH374-19 : MUNYARADZI KEREKE vs FRANCIS MARAMWIDZE N.O.
Ruled By: HUNGWE J and WAMAMBO J

The appellant was convicted of rape, as defined in section 65 of the Criminal Law (Codification and Reform) Act [Chapter 9:23], by the Regional Magistrate, Harare, and sentenced to 14 years imprisonment of which four years were suspended for five years on the usual conditions, on 11 July 2016.The appellant ...
More

Back Main menu

Categories