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Negligence or Dolus re: Liability iro Vicarious Liability

Appealed
HH94-12 : ERIC MUSUNDIRE vs OK ZIMBABWE
Ruled By: BERE J

It is common cause that when Osborne Tariro Mawere acted in the manner he did he was acting in the cause and scope of his employment with the defendant. Vicarious liability must, by operation of law, stalk the defendant.
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SC09-12 : THE COLD CHAIN (PRIVATE) LIMITED vs ROBSON MAKONI
Ruled By: SANDURA JA, ZIYAMBI JA and GARWE JA

This is an appeal against a judgment of the High Court which found that the appellant company was vicariously liable for the negligence of its driver in a road traffic accident and ordered it to pay damages to the respondent….,. The background facts in this case are as follows. The company, which was in the business of ...
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HH60-09 : TENDAI MAZANHI vs DAISY MAROVANIDZE and CHEEZ HOLDINGS (PRIVATE) LIMITED
Ruled By: CHITAKUNYE J

The plaintiff is a self employed male adult. The first defendant is employed by the second defendant as a Marketing Assistant. The second defendant is a company duly incorporated with limited liability according to the laws of Zimbabwe. At all material times, the plaintiff was the owner of a Nissan Sunny FB15 motor vehicle registration no. AAP 1693. ...
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HH123-12 : DAVID SEBASTAIN GWANDE vs TAPIWA MATONHODZE AND MINISTER OF HOME AFFAIRS
Ruled By: MATHONSI J

The question which remains is whether the first defendant was acting within the course and scope of his employment...as to make the second defendant vicariously liable for his actions. The position of our law is that an employer is liable for the delicts of his employee committed in the course of their duty or service, unless ...
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HH123-12 : DAVID SEBASTAIN GWANDE vs TAPIWA MATONHODZE AND MINISTER OF HOME AFFAIRS
Ruled By: MATHONSI J

We may, for practical purposes, adopt the principle that a master is answerable for the torts of his servant committed in the course of his employment, bearing in mind that an act done by a servant solely for his own interest and purposes, and outside his authority, is not done during his employment.
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HH123-12 : DAVID SEBASTAIN GWANDE vs TAPIWA MATONHODZE AND MINISTER OF HOME AFFAIRS
Ruled By: MATHONSI J

Provided the servant is doing his master's work or pursuing his master's ends, he is within the scope of his employment, even if he disobeys his master's instructions as to the manner of doing the work or as to the means by which the end is attained. This is a classic case in ...
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HH84-09 : LIZZIE MUKUMBA vs THE MINISTER OF HOME AFFAIRS and THE COMMISSIONER OF POLICE
Ruled By: KUDYA J

The plaintiff issued summons against the defendants seeking damages in local currency arising from an assault perpetrated against her by members of the police riot squad during disturbances that occurred in Budiriro on 24 March 2002. At the commencement of trial I granted, with the defendants' consent, the amendment to the claim in the sum of US$4,368=. The plaintiff ...
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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 ...
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HB106-09 : CHURCHVILLE TRADING vs BEVERLY BUILDING SOCIETY
Ruled By: KAMOCHA J

Although the court has found that the plaintiff failed to prove the value of the four items, it, however, finds that the defendant's employees were responsible for their going missing. The employees, who were a team of the defendant's messengers, were specifically instructed to remove the items from the office used by the plaintiff to the ...
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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

A fortiori, as the first defendant was acting in the course and scope of his employment with the second defendant, both defendants are liable to make good the proven accident damages arising from the collision. The second issue is answered in the affirmative.
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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 ...
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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

The plaintiffs' claims arise from a road traffic accident which occurred on 20 June 2007 at the 65km peg along the Beitbridge/Masvingo road involving, on the one hand, the first plaintiff's vehicle, a Mitsubishi Canter truck which was being driven by the second plaintiff's husband, the late Emmanuel Chigwida, and, on the other, two trucks; ...
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HH196-10 : MONDAY BOPOTO NYANDORO vs MINISTER OF HOME AFFAIRS and COMMISSIONER OF POLICE
Ruled By: PATEL J

Vicarious Liability As regards the responsibility of the defendants for the actions of its employees, it is trite that an employer is vicariously liable for the conduct of his employees within the course and scope of their employment, even where such conduct has not been authorised, so long as it is closely connected with conduct which has ...
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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 Wednesday 2 November 2005 the plaintiff was driving his Mazda 626 motor vehicle when he was involved in an accident at the corner of Wilson Drive and Athlone Road with a Nissan Hardbody motor vehicle registration number 696-572B that was being driven by the defendant's employee. The defendant's employee admitted liability for the accident.
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HH235-10 : LUKE DAVIES vs PREMIER FINANCE GROUP LIMITED
Ruled By: PATEL J

The plaintiff claims damages for malicious prosecution by the defendant company acting through its functionaries, namely, Ms. Nyamupachitu and Mr.Chigogwana, resulting in psychological distress to himself and his family. Furthermore, because of the damage to his reputation in the financial sector, he has been unemployed since November 2008. Vicarious Liability The plaintiff's case, in essence, is that the disciplinary ...
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HH49-13 : FIRST CLASS ENTERPRISES (PVT) LTD vs TRYMORE MUCHINGAMI AND 2 OTHERS
Ruled By: MATHONSI J

The first defendant was employed by the second defendant as a driver. The plaintiff averred, further, that the first and second defendants were jointly liable for its loss by virtue of the fact that, at the time of the collision, the first defendant was acting within the course and scope of his employment by the second ...
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HH355-13 : ENNOCENT CHIDAWANYIKA vs TATENDA CHINYOWA and ZIMBABWE ELECTRICITY TRANSMISSION AND DISTRIBUTION COMPANY
Ruled By: MTSHIYA J

On 25 March 2011, the plaintiff issued summons against the defendants in which he claimed: “(a) Payment of the sum of USD14,850= due to the plaintiff arising from damages which are a result of a collision between plaintiff and 1st defendant which collision was occasioned by 1st defendant's negligent driving, whilst in the course of his work and ...
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HH279-14 : CLEMENT KWANGWARI vs JULIUS CHEKURE and AVANTI LOGISTICS (PVT) LTD
Ruled By: MTSHIYA J

The plaintiff has clearly disowned his own pleadings and also proceeded to exonerate the first defendant. In view of the vicarious nature of the claim against the second defendant, I hold the view that, without a case against the first defendant, no case can attach to the second defendant….,. The issue now is whether or not the ...
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Appealed
SC03-13 : BERNARD VENGAI vs BENJAMIN CHUMA and NEW DONNINGTON FARM (PVT) LTD
Ruled By: ZIYAMBI JA, GARWE JA and OMERJEE AJA

This is an appeal against the judgment of the High Court in which the appellant's claim for the replacement value of a Mercedes Benz motor vehicle, and damages arising from a road traffic accident, was dismissed with costs.The facts of this matter are that on 10 September 2008, at 7:30pm, ...
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SC22-14 : MILDRED MAPINGURE vs MINISTER OF HOME AFFAIRS and MINISTER OF HEALTH AND CHILD WELFARE and MINISTER OF JUSTICE LEGAL AND PARLIAMENTARY AFFAIRS
Ruled By: GARWE JA, GOWORA JA and PATEL JA

As I have already concluded, the police and the doctor were negligent in that they failed in their duty of care towards the appellant in having her pregnancy prevented. Consequently, the first and second respondents are vicariously liable in damages for any actionable harm sustained by the appellant.
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HH804-15 : PHINIAS MUNORWEI vs JEREMIAH MUZA and NYASHA MURASIKWA and MR NDAGURWA
Ruled By: MAFUSIRE J

It was not quite clear from the pleadings what exactly the basis of the plaintiff's claim against the first and third defendants was. Evidently, someone had told him of something called vicarious liability. But this was badly pleaded. At first, it was not even pleaded at all. Subsequently, an amendment was sought. Despite, ...
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HHH55-15 : WILFORD EDWARD NYAMBO vs MAGISTRATE T.K. MAHWE, ESQ and PROSECUTOR GENERAL
Ruled By: BHUNU J

At the close of the State case, Mr. Bvekwa, the applicant's lawyer, was properly found not guilty and discharged on the basis that he lacked the requisite mens rea to commit the offence in that he merely acted in his professional capacity as the applicant's legal practitioner. In that capacity, he only acted as the applicant's mouthpiece without attracting ...
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HH60-15 : LOCAL AUTHORITIES PENSION FUND vs MUNYARADZI NYAKWAWA and JORAM ZIFUNZI and KINGSTON BUNGARE and EMMANUEL RAMUTSAMAYA and KINGDOM BANK LIMITED
Ruled By: MAFUSIRE J

There were two sets of employees. It was their nefarious activities that caused the plaintiff to clash with the fifth defendant - two parties that otherwise had no relationship between them. The one pair of employees was employed by the plaintiff (hereafter referred to as the “pension fund”). The other pair was employed by the fifth defendant (hereafter referred ...
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HH60-15 : LOCAL AUTHORITIES PENSION FUND vs MUNYARADZI NYAKWAWA and JORAM ZIFUNZI and KINGSTON BUNGARE and EMMANUEL RAMUTSAMAYA and KINGDOM BANK LIMITED
Ruled By: MAFUSIRE J

In Minister of Finance Ors v Gore NO 2007 (1) SA 111 (SCA), both the Central Government and the Provincial Government were held vicariously liable for the corrupt conduct of certain of their employees that had manipulated certain tenders in favour of one of the bidders who had bribed them and with whom they ...
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HB118-16 : ABEL MKHWANANZI vs TIRIVAVI TOTAMIREPI and MINISTRY OF SOCIAL WELFARE
Ruled By: MAKONESE J

I should point out at the outset that after summons were served on the defendants they proposed an out of court settlement to discuss the quantum of damages. Meetings between the plaintiff's legal practitioners and the defendants were scheduled but never took off for reasons that are not entirely clear. Vicarious liability was however admitted by the ...
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HH99-15 : COSMAS NYAMBARA vs CO-MINISTERS OF HOME AFFAIRS and COMMISSIONER GENERAL and DETECTIVE CONSTABLE MUUYA and DETECTIVE SEARGENT MUSEKIWA
Ruled By: DUBE J

The claim against the first and second defendants is based on vicarious liability.
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HH658-15 : CHARLES NGONI vs MINISTER OF HOME AFFAIRS and THE COMMISSIONER OF POLICE and OFFICER CHIMEDZA
Ruled By: TSANGA J

Section 50(9) of the Constitution reads as follows: “Any person who has been illegally arrested or detained is entitled to compensation from the person responsible for the arrest or detention, but the law may protect the following persons from liability under this section - (a) A judicial officer acting in judicial capacity reasonable and in good faith. (b) Any other public officer acting ...
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SSC59-19 : PROSECUTOR-GENERAL OF ZIMBABWE vs INTRATREK ZIMBABWE PL and WICKNELL CHIVAYO and L. NCUBE N.O.
Ruled By: PATEL JA

This is an application for leave to appeal to the Supreme Court in terms of section 44(6) of the High Court Act [Chapter 7:06].In particular, the applicant seeks leave to appeal against the decision of the High Court handed down on 20 March 2019 in Case No.11141/18 (as Judgment No. ...
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Appealed
HH93-16 : RITA MBATHA vs FARAI ZIZHOU and CONFEDERATION OF ZIMBABWE INDUSTRIES
Ruled By: DUBE J

The application before me is a special plea and exception.The brief facts surrounding this claim are as follows:The plaintiff was employed by the Confederation of Zimbabwe Industries reporting to the first defendant who was its President and Chief Executive Officer. On 18 June 2014, the plaintiff issued summons against the ...
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SC69-18 : RITA MBATHA vs FARAI ZIZHOU and CONFEDERATION OF ZIMBABWE INDUSTRIES
Ruled By: MAKARAU JA, HLATSHWAYO JA and PATEL JA

This is an appeal against the decision of the High Court upholding the respondents' special plea of prescription, and, consequently, dismissing the appellant's claim with costs.The appellant has noted her appeal against the entire judgment and prays, as per her amended prayer, that the judgment of the court a quo ...
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HH675-21 : RITA MBATHA vs FARAI ZIZHOU and CONFEDERATION OF ZIMBABWE INDUSTRIES
Ruled By: MAFUSIRE J

IntroductionThe plaintiff claims a default judgment for sexual harassment. She is unrepresented.The matter appeared on the unopposed motion roll on 20 October 2021. It was one of several such appearances. In the past, the matter would be removed from the roll for one reason or other. The matter has had ...
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HB32-15 : ANDREW NDLOVU and CHIHWA TOURS vs THEMBINKOSI SIBINDI
Ruled By: MUTEMA J and MOYO J

By the time the appeal was heard, on 2 February 2015, the respondent had, on 15 January 2015, filed a document headed “CONSENT TO JUDGMENT” wherein he indicated that he was consenting to the order sought in the appeal.We allowed the appeal in terms of the consent and indicated that ...
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Appealed
SC75-17 : EDWARD MADYAVANHU vs REGGIE SARUCHERA and GRANT THORNTON CAMELSA CHARTERED ACCOUNTANTS (ZIMBABWE) and CAIRNS FOODS LTD
Ruled By: GWAUNZA JA, GUVAVA JA and ZIYAMBI AJA

On 21 July 2016, the High Court dismissed the appellant's chamber application for the reinstatement of his claim on the third respondent's creditors list. Aggrieved, the appellant filed this appeal, which we dismissed with costs on 6 July 2017.The appellant wrote to the Registrar requesting the reasons for the order. ...
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