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Damages re: Assessment and Evidence of Damages iro Proof of Claim and Quantification

HH13-09 : BORDER TIMBERS LIMITED vs ZIMBABWE REVENUE AUTHORITY
Ruled By: MAKARAU JP

The plaintiff filed a delictual claim against the defendant, seeking damages in the sum of US$709,948.It was specifically alleged in the plaintiff's declaration that the defendant wrongfully and unlawfully sought to levy import duty on certain resin imported by the plaintiff for its manufacturing processes using an incorrect tariff, causing ...
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HH20-10 : CHRISTOPHER GWIRIRI vs STARAFRICA CORPORATION (PRIVATE) LIMITED t/a HIGHFIELD BAG (PRIVATE) LIMITED
Ruled By: CHITAKUNYE J

5. The next issue is the quantum of such damages Quantum of Damages The plaintiff's claim for damages is under three headings, namely: (a) Loss of future earnings USD30,000= (Thirty thousand United States dollars). (b) For pain and suffering USD10,000= (Ten thousand United States dollars). (c) Permanent disability and loss of amenities of life USD60,000= (Sixty thousand United States dollars). As ...
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HH116-12 : EDGAR MAFEMERA vs ZAC CHIDAVAENZI AND THE MINISTER OF HOME AFFAIRS N.O
Ruled By: BERE J

It is imperative..., to lay down the legal approach that the courts have followed in the assessment of damages..., the process of quantifying damages is not an easy walk. It does not follow a mathematical formula but it invariably requires properly anchored estimations largely guided by the best evidence presented.
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HH116-12 : EDGAR MAFEMERA vs ZAC CHIDAVAENZI AND THE MINISTER OF HOME AFFAIRS N.O
Ruled By: BERE J

The principles which the court must consider are well documented, though not exhaustive. One of the leading decisions on the subject is the case of Minister of Defence v Jackson 1990 (2) ZLR 1 (SC)..., where the court attempted to lay down broad guidelines in the assessment of damages by stating the following: "It must ...
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HB01-12 : NKULULEKO MABHENA vs P.G. INDUSTRIES (ZIM) LIMITED AND P.G. ZIMBOARD PRODUCTS (PVT) LTD AND ANOTHER
Ruled By: KAMOCHA J

Such a claim should have been initiated by way of summons as the claim is mainly for damages allegedly suffered as a result of...
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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

QUANTUM OF DAMAGESThe company appealed against the granting of the following special damages –(a) 63,750= Botswana Pula in respect of the replacement value of the damaged motor vehicle;(b) 1,800,000 Botswana Pula for lost income; and(c) 120,000= Botswana Pula for car hire charges.I will deal with the three awards in turn.(a) Motor Vehicle ReplacementThe claim by the respondent ...
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HH117-12 : EDSON MAKINA vs TIM JACKSON
Ruled By: BERE J

A claim for damages should not be left to the court to indulge in speculation in an attempt to ascertain the figure. A party seeking damages must endeavour to put before the court all the necessary evidence to justify the amount claimed. There can be no short cut to this approach.
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HH117-12 : EDSON MAKINA vs TIM JACKSON
Ruled By: BERE J

A Supreme Court judgment aptly summed up the correct legal position as follows: "...Where damages can be assessed with exact mathematical precision, a plaintiff is expected to adduce sufficient evidence to meet this requirement. Where, as is the case here, this cannot be done, the plaintiff must lead such evidence as is available to it (but ...
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HB10-12 : NOBERT KATERERE vs STANDARD CHARTERED BANK ZIMBABWE LTD
Ruled By: NDOU J

No evidence was led by the plaintiff to show that the failure to convert the capital amount and interest into Pound Sterling resulted in a loss to the plaintiff, and if so, how much.he has also failed to prove any damages suffered, and if suffered, the quantum of such damages.
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HH25-09 : KWINDIMA FABIOLA vs MVUNDURA LOUIS
Ruled By: MAKARAU JP

The plaintiff issued summons against the defendant on 19 May 2007 seeking an order for the payment of damages in the sum of $20 billion. In her declaration, she averred that she had purchased, from the defendant, certain immovable property situate in the district of Kariba for the sum of $180 billion which she paid in ...
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Appealed
SC13-12 : VENETIAN BLINDS SPECIALISTS LTD vs APEX HOLDINGS (PVT) LTD
Ruled By: GARWE JA, OMERJEE AJA and GOWORA AJA

This is an appeal against the judgment of the High Court of Zimbabwe in which the court dismissed, with costs, a claim by the appellant for an order recognizing as legally binding and enforceable a judgment of the Supreme Court of appeal of Malawi. The latter judgment had ordered the respondent to pay to ...
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HH85-09 : MARTIN GONDOKONDO (in his capacity as the guardian of Leobah Gondokondo) vs TAKROSE BUSES (PVT) LTD AND GORDON NGONIDZASHE MOYO
Ruled By: KUDYA J

The plaintiff did not lead any evidence on past or future medical expenses.
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HH15-08 : HOMEPLUS INVESTMENTS (PVT) LTD vs KANTHARIA INSURANCE BROKERS (PVT) LTD and GLOBAL INSURANCE COMPANY
Ruled By: CHITAKUNYE J

On 26 August 2004, the plaintiff instituted proceedings in the High Court wherein it sued for $60,000,000= being the sum assured in terms of a motor vehicle comprehensive policy it held with the second defendant. The first defendants were the insurance brokers who facilitated the policy. On 21 December 2006, and before the pre-trial conference, the plaintiff amended ...
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HH13-08 : JEOFREY G MUKORERA vs OCEAN BREEZE ENGINE & COOLING SYSTEMS
Ruled By: MAKARAU J

The distortions caused by the galloping inflation currently characterizing our economy are graphically shown, in part, by the claims that are being brought before the courts. The above, in my view, is one such example. While inflation is a fact that they must take judicial note of, courts must, in my view, be wary that the distortions ...
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HH01-09 : CONSTANTINOS BAKARIS vs GEORGE KATTAVENOS
Ruled By: KUDYA J

The use of a single quotation for new property was an inadequate method for evaluating used property.
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HH100-09 : ZIMBABWE REINSURANCE COMPANY LIMITED vs MOHAMMED A. K. RAMJAN AND BELTCHLEY TRADING [PVT] LIMITED
Ruled By: KARWI J

It was submitted, on behalf of the defendants, that this court should grant an order for damages actually caused by the defendants. Such damages ought to be reduced because the plaintiff did not mitigate its loss. This is so in the view of the fact that the plaintiff was in physical possession of the ...
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HH100-09 : ZIMBABWE REINSURANCE COMPANY LIMITED vs MOHAMMED A. K. RAMJAN AND BELTCHLEY TRADING [PVT] LIMITED
Ruled By: KARWI J

It was further submitted, on behalf of the defendants, that the plaintiff had claimed damages in the sum of $94,654 after obtaining a quotation from Zimoco for brand new vehicles. If the court was inclined in granting damages for new vehicles, the figure had to be reduced by US$15,000 which the defendants incurred for the purchase ...
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HH106-09 : DELIWE CHINYEMBA vs CHRISTINA MAJAWALA
Ruled By: BERE J

Claims for damages require that tangible evidence be led to sustain such a suit. The plaintiff is expected to table, before the court, evidence which shows, on a balance of probabilities, that a claim, as framed, is sustainable. Damage claims are not based on speculation or conjecture. It is eminently important that every averment be properly ...
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HH112-09 : DR. J L MAVURUDZA AND MRS MAVURUDZA vs MEIDLER POOLS AND CONSTRUCTION (PRIVATE) LIMITED
Ruled By: BHUNU J

I now turn to consider the quantum of damages in lieu of specific performance. The plaintiffs claim was initially for $787,600,000=. That amount was subsequently amended to read US$9,500=. It is common cause that there is a limited number of service providers offering the same service. Leisure Living is a reputable service provider which supplied a quotation ...
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HH126-09 : AMOS MUKOMBA vs ONGEGUND (PVT) LTD AND LAMECK GANDIDZANWA
Ruled By: KUDYA J

The plaintiff gave evidence on the nature of his claim against the defendants.He is a Zimbabwean who is based in South Africa, where he operates a security company. He stated that he simply wanted his vehicle in the same condition as it was in at the time of the accident. He averred that his ...
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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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HB72-09 : RADAR INVESTMENTS (PVT) LTD t/a RADAR METAL INDUSTRIES vs K.A. AGENCIES AND DISTRIBUTORS (PVT) LTD
Ruled By: NDOU J

The plaintiff has issued summons against the defendant for the return of its trailer registration number 467-556M which had been leased to the defendant and which lease agreement has now been cancelled. Despite demand, the defendant has failed and/or refused to return the said trailer. Alternatively, the plaintiff prays that the value of the trailer should be ...
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HB106-09 : CHURCHVILLE TRADING vs BEVERLY BUILDING SOCIETY
Ruled By: KAMOCHA J

In order to determine the prices of the items that went missing Rodrick Mahachi obtained three quotations from reputable companies dealing in such items. Matkan, which was the cheapest of the three, gave a total value of US$37,810=80; Computer Shop's total value was US$40,497=25 and Bexley gave a total of US$44,378=50. The quotations were filed ...
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HH11-10 : NABANE ROY TSHUMA vs TONGAI MUSEMBURI and TENDAI MUSEMBURI and MACKSON TOTSHANE NCUBE and THE REGISTRAR OF DEEDS
Ruled By: KARWI J

Mr Venturas, who is a senior partner at Byron Venturas Company, gave evidence in support of the plaintiff. He prepared a schedule of rate payments the plaintiff had made to the City of Harare. He had prepared the schedule from printouts and invoices which had been provided by Council. He had done this together ...
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HH121-10 : POWER COACH EXPRESS (PVT) LIMITED vs MARTIN MILLERS AND ENGINEERS
Ruled By: BERE J

Having accepted that the defendant breached the contractual agreement between the parties the court must therefore consider whether the plaintiff is entitled to damages as claimed or at all. DAMAGES In laying the foundation of its claim for damages, the plaintiff has presented to the court a single quotation from D.C.de Sousa (Pvt) Ltd...., and pegged its claim ...
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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

James Mwanaka was not an impressive witness. He was a biased expert. He did not observe the damages on either truck yet he could, with a straight face, describe the collision as minor. He under-priced the value of the belly housing at US$200= and misled the court that a used Freightliner horse in good working ...
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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

In addition, the plaintiff failed to prove the claim in the sum of US$1,625=20 under the head sundries/disbursements on page 4 of the job card; exhibit 3.
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HH173-10 : TAMBUDZAI MAFUSIRE vs LEWIS GREYLING and ELGREY INVESTMENTS (PVT) LTD
Ruled By: CHATUKUTA J

It is trite that the measure of damages is the value of the motor vehicle at the time of the accident: see Muzeya NO v Marais Anor HH80-04; Monica Komichi v David Edwin Tanner Anor HH104-05; Edward Marume Anor v Todd Muranganwa HH27-07; SA ...
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HH181-10 : CEDRIC STEELE vs EDWARD HAMADZIRIPI CHIPOPE and PATRICK MADZIMA
Ruled By: MAKONI J

The plaintiff, by the nature of his business, has to uphold his character, credibility, honesty, and good business ethics. The defendants' utterances were meant to tarnish his image in the eyes of his landlord and ultimately his business credibility. In my view, the plaintiff has not established the extent to which the words had tarnished his ...
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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

Luke Chigwida produced documents which confirmed the importation as well as the cost price of the vehicle as USD5,100=. He also paid ZAR36,000= to the South African Revenue Service for the vehicle to be shipped from Japan to Durban and this included freight and insurance. He also paid ZAR21,744= to a company called Exploranka Freight ...
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HH196-10 : MONDAY BOPOTO NYANDORO vs MINISTER OF HOME AFFAIRS and COMMISSIONER OF POLICE
Ruled By: PATEL J

Moreover, the plaintiff did not produce any documentary evidence of the expenses that he might have incurred at the other clinics and hospitals where he received medical treatment.
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HH145-10 : TENDAI MUCHENJE vs G. AND M. PANEL BEATERS t/a SUPREME PANEL BEATERS & SPRAY PAINTERS
Ruled By: CHITAKUNYE J

On the alternative claim for damages, the plaintiff tendered quotations from three panel beating garages indicating what it would cost for the motor vehicle to be repaired to the required standard. The three quotations were as follows- (a) J. ZIVIRA MOTORS (PVT) LTD ...
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HH215-10 : BERNARD VENGAI vs BENJAMIN CHUMA and NEW DONNINGTON FARM (PRIVATE) LIMITED
Ruled By: KUDYA J

The defendants also put the extent and nature of the damages and loss suffered by the plaintiff to his vehicle and person in issue. It was common cause that the front portion of the Mercedes Benz was extensively damaged. The electrics and computer box were destroyed; the chassis was bent and jammed the front left wheel; ...
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HH227-10 : MIKE MAKOPE vs GEOFFREY DZUMBUNU and REGISTRAR OF DEEDS N.O. and MINISTER OF LOCAL GOVERNMENT
Ruled By: MAVANGIRA J

The quantum of damages claimed in terms of the amendment is the amount of ZW$40,000,000,000= or the value of the property at the time of judgment whichever is greater. However, during the trial the parties advised the court that they had agreed on the quantum of damages in the event that the court found the first defendant ...
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HH228-10 : CAROLINE MABAIRE vs SHEPHERD JAILOSI and THE MINISTRY OF TRANSPORT AND COMMUNICATIONS
Ruled By: KUDYA J

The plaintiff is a school teacher at a primary school in Harare. She produced her payslip…,. She multitasks as a cross border trader and conducts extra lessons and organizes roundtables with other women to augment her salary. She moved out of the matrimonial house in January 2010 and rented a smaller one in order ...
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HH231-10 : AGRICULTURAL BANK OF ZIMBABWE LTD t/a AGRIBANK vs NICKSTATE INVESTMENTS (PVT) LTD and RICHARD MAKWARA and PLAXEDES MAKWARA
Ruled By: GOWORA J

The plaintiff called one Israel Ukama to give evidence on the amount being sought as damages. The witness told the court that he was employed as a Manager with Coppola Motors, a company involved in the purchase and sale of vehicles. The company has been involved in that business from its incorporation in 1999. He was ...
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HH235-10 : LUKE DAVIES vs PREMIER FINANCE GROUP LIMITED
Ruled By: PATEL J

Quantum of Damages In view of my findings on liability, it is obviously not necessary to consider the question of damages. Nevertheless, I think it instructive to point out that the plaintiff's claim for US$150,000= as damages appears to be ill-conceived for a variety of reasons. Apart from the sheer enormity of the sum in question, ...
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HH277-10 : BENCHILL INVESTMENTS (PVT) LTD vs BATTERY WORLD (PVT) LTD
Ruled By: KUDYA J

On 16 June 2009, Godwin Dingwiza sought three quotations for similar batteries from three different companies. These were Easycount Battery Centre (US$4,350=); Divart Spares (US$4,100=); and Battery World (US$3,555=). He averaged the quotations and arrived at the US$4,000= which he seeks in the alternative as the reasonable cost of the fifty (50) batteries which he ...
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HH281-10 : MINING INDUSTRY PENSION FUND vs DAB MARKETING (PRIVATE) LIMITED
Ruled By: KUDYA J

I agree with counsel for the plaintiff that Dr Neil Robin Deacon failed to show the nature of the loss suffered by the defendant. While the plea referred to the US$170,000= as the loss of profits, I understood Dr Neil Robin Deacon to equate it with the total expenditure that the defendant would have incurred in ...
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HB39-10 : UNITED ASSOCIATES vs HIPPO VALLEY ESTATES LIMITED
Ruled By: KAMOCHA J

Similarly, it is not possible for this court to award damages, which were not proved, to the applicant. The applicant claims, in the alternative, the current value of 3,000 tonnes of molasses without leading evidence to support such claim. It was suggested, in argument, that such proof can be supplied to the court at a later ...
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HB101-10 : MISHECK VELLAH vs JEALOUS MOYO (alias) MUSHONA and MIKA MOYO
Ruled By: NDOU J

Loss of two cows: The information is scant in the pleadings. All that can be gleaned is that two cows died during the period that the applicant was hospitalized. The applicant does not link the death with his absence from the farm in a meaningful way. It is not clear how his presence on the farm ...
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HH14-13 : JOHN SWAY MUGADZAHWETA vs AZVIRIBASI NENGOMASHA
Ruled By: HUNGWE J

In both contract and delict the basic aim of an award of damages is to bring about, as far as possible, restitutio in integrum - see Livingstone v The Rawyards Coal Co. (1880) 5 A.C. 25…,; and De Jager v Grunder 1964 (1) SA 446 (AD)…,. Clearly, if the plaintiff is not awarded the full ...
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HH30-11 : PRIMAC ENTERPRISES (PRIVATE) LIMITED t/a PRIMAC TELECOMMS vs NATIONAL HANDICRAFT CENTRE (PRIVATE) LIMITED and VICE SECURITY COMPANY (PRIVATE) LIMITED
Ruled By: MTSHIYA J

Counsel for the plaintiff submitted that the plaintiff's claim was for compensation for the loss of its goods at a fair value as depicted in the quotations appearing in exhibit 1.
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HH42-13 : JANUARY PEDZISAI vs MICHAEL HAMUTYINEYI and TAWANDA MUDZAMIRI and BISPRO INVESTMENTS (PVT) LTD
Ruled By: BERE J

It is trite that when damages are being claimed there must be a clear indication as regards the computation of such damages. A litigant desiring an award for damages must be able to prove such damages to the satisfaction of the court. Computation of damages must not be based on speculative evidence. In this regard, and ...