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Onus, Burden & Standard of Proof & Rule that He Who Alleges Must Prove re: Criminal Allegations Raised in Civil Proceedings

SC11-12 : JESTINA MUKOKO vs THE ATTORNEY-GENERAL
Ruled By: CHIDYAUSIKU CJ, MALABA DCJ, SANDURA JA, ZIYAMBI JA and GARWE JA

This case is about a permanent stay of a criminal prosecution because of torture and inhuman and degrading treatment to which the applicant was subjected by State security agents prior to being brought to Court on a criminal charge.Jestina Mukoko (hereinafter referred to as (“the applicant”) appeared before a magistrate ...
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CC21-19 : NELSON CHAMISA vs EMMERSON DAMBUDZO MNANGAGWA and OTHERS
Ruled By: MALABA CJ, GWAUNZA DCJ, GARWE JCC, MAKARAU JCC, HLATSHWAYO JCC, PATEL JCC, BHUNU JCC, UCHENA JCC and MAKONI JCC

Counsel for the first respondent further submitted that the applicant's case had been premised on bare and bald allegations which were insufficient to set aside the Presidential election result….,. Counsel for the twenty-third (Zimbabwe Electoral Commission), twenty-fourth (Chairperson of the Zimbabwe Electoral Commission) and twenty-fifth (Chief Executive Officer of the Zimbabwe Electoral Commission) respondents also submitted that there ...
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SC38-19 : PIA NGWARU vs FIRST MUTUAL HEALTH COMPANY (PRIVATE) LIMITED
Ruled By: GARWE JA, GUVAVA JA and MAVANGIRA JA

The appellant was charged with breaching sections 24(c) and 25(h) of the First Mutual Holdings Limited Group Code of Conduct. The charges were framed as: “1…..,. 2. Section 25 'Offences relating to dishonesty, theft, fraud and other related offences' (h) Any other dishonesty towards company, fellow members of staff or members of the public.” The first of the two remaining issues for determination ...
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SC27-12 : ASTRA INDUSTRIES LIMITED vs PETER CHAMBURUKA
Ruled By: ZIYAMBI JA, GARWE JA and OMERJEE AJA

The position is now settled in our law, that, in civil proceedings, a party who makes a positive allegation bears the burden to prove such allegation. This position has been affirmed by this Court. In Book v Davidson 1988 (1) ZLR 365 (S)…, DUMBUTSHENA CJ quoted with approval the words of POTGIETER AJA in Mobil ...
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HH656-15 : INNOCENT CHITIKI vs PAN AFRICAN MINING (PRIVATE) LIMITED
Ruled By: CHIGUMBA J

In a civil case, the plaintiff must prove its case on a balance of probabilities. This has been interpreted to mean that: “It must carry a reasonable degree of probability but not so high as required in a criminal case. If the evidence is such that the tribunal can say 'we think it more probable than ...
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HH653-15 : LEWENOD ENTERPRISES (PRIVATE) LIMITED vs FREIGHT AFRICA LOGISTICS
Ruled By: CHIGUMBA J

In a civil case, the plaintiff must prove its case on a balance of probabilities. This has been interpreted to mean that: “It must carry a reasonable degree of probability but not so high as required in a criminal case. If the evidence is such that the tribunal can say 'we think it more probable than ...
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Appealed
SC16-20 : INFRASTRUCTURE DEVELOPMENT BANK OF ZIMBABWE vs ENGEN PETROLEUM ZIMBABWE (RIVATE) LIMITED
Ruled By: GUVAVA JA, MAVANGIRA JA and ZIYAMBI AJA

This is an appeal against the decision of the High Court handed down under HH253-16 wherein the court a quo found the appellant liable to pay to the respondent the sum of US$847,847=65 together with costs of suit and interest at the prescribed rate from the date of the granting ...
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View Appeal
HH253-16 : ENGEN PETROLEUM ZIMBABWE [PVT] LTD vs WEDZERA PETROLEUM [PVT] LTD and INFRASTRUCTURE DEVELOPMENT BANK OF ZIMBABWE
Ruled By: MAFUSIRE J

This was a civil trial. The first defendant [“Wedzera”] was in default. On application by the plaintiff [“Engen”] in respect to which the second defendant [“the Bank” or “IDBZ”] had nothing to say, I entered a default judgment against Wedzera, in favour of the plaintiff, in the sum of $847,847=65, ...
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HH89-10 : NATHAN CHILUFYA vs COMMISSIONER GENERAL OF POLICE and CO MINISTERS OF HOME AFFAIRS and OFFICER IN CHARGE ZRP CHIKURUBI DETENTION BARRACKS and CHIEF SUPT MUTODZA
Ruled By: UCHENA J

The applicant is a Detective Assistant Inspector in the Zimbabwe Republic Police. He was charged and convicted for bringing disrepute to the Zimbabwe Republic Police in contravention of section 35 of the Police Act [Chapter 11:10] (hereinafter called the Police Act).He was sentenced to twelve days imprisonment.The first respondent is ...
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SSC113-00 : IN RE: PATRICK ANTHONY CHINAMASA vs X
Ruled By: GUBBAY CJ, McNALLY JA, EBRAHIM JA, MUCHECHETERE JA and SANDURA JA

PICKERING J, in Uncedo Taxi Service Association v Maninjwa Ors 1998 (6) BCLR 683 (E), 1998 (3) SA 417 (E)..., went on to find, after an exhaustive review of the authorities..., that the civil standard of proof was inapplicable; that, as contempt of court is an offence of ...
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HH36-09 : T NYIKADZINO vs JOHN ASHER and MUSUNGA & ASSOCIATES and THE DEPUTY SHERIFF and THE MINISTER OF STATE FOR LANDS AND RURAL RESETTLEMENT
Ruled By: MAKARAU JP

It is also trite that the burden of proof in all civil matters is proof on a balance of probabilities.
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HH86-09 : CHAWASARIRA TRANSPORT (PVT) LTD vs THE RESERVE BANK OF ZIMBABWE
Ruled By: BHUNU J

The standard of proof in criminal proceedings is ordinarily proof beyond reasonable doubt whereas that for civil wrongs is proof on a balance of probabilities.
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HH261-16 : KARNEC INVESTMENTS (PRIVATE) LIMITED and ROBERT STRONG vs ECONET WIRELESS (PRIVATE) LIMITED
Ruled By: TSANGA J

This is an opposed application in which the applicants seek that the respondent, Econet Wireless (Private) Limited (“Econet”), be fined for contempt of a court of an order granted on 4 February 2011 by consent of both parties....,.Econet's counsel placed heavy reliance on the South African case of Fakie NO ...
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Appealed
SC24-21 : BIG VALLEY MASTERS (PRIVATE) LIMITED vs SHI JINWU
Ruled By: GWAUNZA DCJ, GUVAVA JA and MAVANGIRA JA

It is pertinent to note that the standard of proof in all civil matters is on a balance of probabilities.The concept of proof on a balance of probabilities was enunciated in British American Tobacco Zimbabwe v Chibaya SC30-19 wherein the court quoted with approval the case of Miller v Minister ...
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SC68-21 : SIBONILE DUBE vs PAUL MUREHWA and MINISTER OF LOCAL GOVERNMENT, PUBLIC WORKS AND NATIONAL HOUSING N.O.
Ruled By: GUVAVA JA, MAVANGIRA JA and KUDYA AJA

It is settled in our jurisdiction that the standard of proof in civil matters is “a balance of probabilities.”In ZESA v Dera 1998 (1) ZLR 500 the court held, that, in a civil case, the standard of proof is never anything other than proof on the balance of probabilities. It ...
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HH62-14 : JOHANNES MAKONYE vs KENAE RAMODIMOOSI and ENTREDEV PROPERTY GROUP and C.H. LUKAS
Ruled By: CHIGUMBA J

This is an application in terms of section 34 of the Model Law as set out in the Second Schedule to the Arbitration Act [Chapter 7:15] for the setting aside of an arbitral award dated 23 February 2012, granted by the third respondent.The second respondent was the applicant's estate agent.At ...
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HH435-15 : LADRAX INVESTMENTS (PVT) LTD vs IGNATIOUS CHIRENJE and RUTENDO CHIRENJE
Ruled By: TSANGA J

On 8 October 2014, I granted the applicant's claim for an eviction order against the respondents stemming from a sale in execution that had been confirmed by the Sheriff and where transfer of the property had already taken place.I also dismissed the respondent's application for upliftment of bar for reasons ...
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