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Findings of Fact re: Assessment of Evidence and Inferences iro Approach, Facta Probantia and Facta Probanda

HH134-12 : EVANGELIST SANDE (nee NYAMANGUNDA) vs TAKAWIRA KIZITO SANDE
Ruled By: CHITAKUNYE J

In 1989, the plaintiff and defendant married each other in terms of customary law. Their marriage was however not registered. After a period of about ten years living together in the manner of husband and wife they decided to have their marriage solemnized in terms of the Marriages Act [Chapter ...
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HH14-12 : JOEL MATONGO vs FLORA MATONGO (NEE JOE)
Ruled By: CHITAKUNYE J

Whilst the plaintiff's evidence was consistent with his pleadings, the defendant found herself having to alter some aspects of her pleadings in light of what had been accepted as common cause.
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HH60-09 : TENDAI MAZANHI vs DAISY MAROVANIDZE and CHEEZ HOLDINGS (PRIVATE) LIMITED
Ruled By: CHITAKUNYE J

A careful analysis of the evidence adduced in court shows that the defendant's case is fraught with inconsistencies.
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Appealed
HH58-10 : DRAWING SERVICES (PVT) LTD vs BETTY KANYUCHI
Ruled By: BERE J

The plaintiff, as represented by its Managing Director, Ms Elizabeth Chidavaenzi, issued summons out of this court on 9 June 2008 seeking the ejectment of the defendant from Stand number 3182 of subdivision A of Stand 159 Prospect in Harare ('the property'). On 2 October 2008 the defendant filed her plea and sought the dismissal of the ...
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HH71-10 : FELISTAS MUTSETA vs ELLIOT ENOCK MUTSETA
Ruled By: MAVANGIRA J

That the defendant is guilty of gross marital misconduct appears to me to be borne by the evidence placed before this court. The issue was fully ventilated by the parties, and, in my view, on a balance of probabilities proved her case on this aspect.
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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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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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HH111-09 : ELLEN SIMON vs FUNDA SAIMON
Ruled By: KUDYA J

Exhibit 1B was purportedly executed on 28 October 1999. The plaintiff purportedly sold her rights in the portion of the Stand where the main house was to be built for an additional payment of $7,000=. The amounts were to be paid on 30 February and 30 April 2000 in the sum of $4,000= and $3,000= respectively. Again, the ...
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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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HH141-09 : OLIVER CHIBAGE vs KUDZAI SIBUSISO NDAWANA
Ruled By: MAKARAU JP

The plaintiff is a Commissioner in the Zimbabwe Republic Police. The defendant, a duly qualified dental surgeon, was, at the material time, also a member of the Zimbabwe Republic Police. She practiced her dentistry at the Police Camp Hospital and also at her surgery in town. In June 2007, the plaintiff consulted the defendant complaining of sensitivity to ...
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HH156-09 : FREDDY CHINYAVANHU vs LETWIN CHINYAVANHU
Ruled By: GUVAVA J

In assessing the evidence it seemed to me that the plaintiff was intent on showing that the defendant had not contributed at all in the acquisition and construction of the property. He, however, did not dispute the defendant's evidence that they earned about the same salary and the plaintiff could ...
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HB74-09 : PATRICK SIKHOSANA vs MTHANDAZO DUBE and SIBANGANI NCUBE and VUSA DUBE
Ruled By: KAMOCHA J

The suggestion that the plaintiff only gave him $190 million for his mother's hospitalization and medication is false, and is hereby rejected.
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HB77-09 : IAIN DONALD DAVID SHEASBY vs THE CHIEF IMMIGRATION OFFICER and THE MINISTER OF HOME AFFAIRS
Ruled By: CHEDA J

The applicant is an educated and professional person, in my view, there is no way he would seek advice on such an important issue from a friend and not a lawyer.
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View Appeal
HH28-10 : JONATHAN MOYO and MOSES NDLOVU and PATRICK DUBE and SIYABONGA NCUBE vs AUSTIN ZVOMA N.O. CLERK OF PARLIAMENT OF ZIMBABWE and LOVEMORE MOYO
Ruled By: PATEL J

The applicants in this matter are all duly elected Members of Parliament. The first respondent is the Clerk of Parliament, cited herein in his official capacity.The second respondent was elected to the position of Speaker of the House of Assembly on the 25th of August 2008.The applicants challenge the validity ...
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HH49-10 : HENRY NYOKA vs JENNIFER MUREZA
Ruled By: MAVANGIRA J

The plaintiff issued summons for the ejectment of the defendant from House No.14 Msasa Park Drive, Msasa Park, Harare. The basis of the plaintiff's claim is that he is the sole owner of the immovable property.He avers that upon the termination of an unregistered union between him and the defendant, ...
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HH55-10 : JEREMY STANDER vs NELTRA INVESTMENTS t/a DOUGLAS CAR SALES
Ruled By: BERE J

Factual Assessment of the Evidence In this regard two documents were tabled in these proceedings for consideration. The plaintiff gave evidence, and maintained that the Agreement governing the transaction is as endorsed in Exhibit 1 and signed by both parties. According to the plaintiff the original Agreement, which was signed by both parties on 10 October 2007 was ...
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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

Whether the defendant failed to deliver all the diesel that the plaintiff ordered. In my view, the above represents the sole issue that falls for determination in this trial. It is not a legal issue strictu sensu. It is a reconciliation issue. It is my further view that the exercise of reconciling what can be proved ...
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View Appeal
HH87-10 : VENETIAN BLINDS SPECIALISTS LIMITED vs APEX HOLDINGS (PRIVATE) LIMITED
Ruled By: PATEL J

Moreover, as I have indicated earlier, the testimony of the defendant's witness as to the United States Dollar value of the payment of MK4.8 million was entirely unchallenged and untested under cross-examination. The court cannot reject that evidence and must place reliance upon it in the absence of any other evidence to controvert it having ...
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HH102-10 : OLD MUTUAL LIFE ASSURANCE COMPANY ZIMBABWE (PVT) LTD vs PETER RAFTOPOLOUS t/a SELECTIONS
Ruled By: MTSHIYA J

At the time Washington Moyo engaged the defendant for revised rentals it knew CABS's predicament. CABS had been given notice on 6 May 2008, and, as already said, it appears they were targeting Stanley House for their requirements. I am, therefore, on a balance of probabilities, satisfied that Washington Moyo was, just before giving notice, ...
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HH118-10 : JOHN STRONG (PRIVATE) LIMITED and TOBS STRONG (PRIVATE) LIMITED vs WILLIAM WACHENUKA and MINISISTRY OF LANDS, AGRICULTURE AND RESETTLEMENT
Ruled By: GOWORA J

An allegation or averment which is not denied is taken to have been admitted.
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HH149-10 : FOOLPROOF ENTERPRISES (PRIVATE) LIMITED vs SURFACE INVESTMENTS (PRIVATE) LIMITED
Ruled By: KUDYA J

The question that was referred to trial can only be determined on the basis of the credibility of the witnesses called by each party and the probabilities of the matter.
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