: On 6 October 2009 the plaintiff issued summons out of this court against the two defendants claiming US$3 013.00 being the cost of repairs caused to his motor vehicle by the alleged negligent driving conduct of the second defendant who was employed by the first defendant as a driver.
The basis of the plaintiff’s claim was that his motor vehicle was damaged as a result of the second defendant’s driving conduct at the corner of Willowvale and Nyandoro Road, Harare. More
On 23 January 2014 I granted an order in favour of the plaintiff. I did indicate that my reasons would follow. Here they are:
It never ceases to amaze me how simple contractual agreements entered into by parties with honest intentions end up being sources of disharmony warranting the intervention of our courts as adjudicators. More
This is an appeal against the Magistrate’s decision allowing the respondent to amend her summons in the court below. The context is as follows: In 2014, the appellant accidentally damaged the respondent’s car which he was driving without the respondent’s consent. In November 2016,the parties entered into an agreement whereby the appellant accepted liability. A memorandum of agreement was then signed in which the appellant and one other undertook to replace the vehicle within three months. It was further agreed that there placement vehicles should not exceed 100 000 km and that the value of the vehicle was US$4500.00. The... More
This is an unopposed claim for general damages for an assault perpetrated upon the plaintiff at about midnight on 13 October 2009, by fourth, fifth and sixth defendants who are police officers. The plaintiff’s declaration merely narrates the events which or evidence of what occurred on the day in question rather than pleading the facts which constitute the cause of action. The declaration contains material which should be found in an affidavit rather than in a pleading. No wonder then that the affidavit of evidence filed in support of the quantum largely reproduces the contents of the declaration. Also, the... More
A brief resume of the broadly common facts in this case are as follows:-
The plaintiff is a citizen of Zimbabwe residing in this country and was the registered owner of a toyota hiace bearing registration number AAZ 7054 (the vehicle). More
