This is a claim fordelictual damages arising out of a road traffic accident that occurred on 3 February 2012. The facts of this case are largely common cause.The defendant’s vehicle a Nissan 1800 collided with plaintiff’s Opel Corsa at the intersection of Vincent Avenue and Blackway Drive, Belvedere, Harare. The plaintiff’s vehicle sustained damages totalling US3 324.00. The defendant paid an admission of guilt fine. The defendant’s insurer paid a total of USD 1 200.00based on their limit of liability, towards the repairs to the vehicle. Abalance of USD2 142.00 is still outstanding and remains unpaid. On 16 August 2011... More
The applicant approached this court on an urgent basis seeking a spoliation order. The parties are married to each other and are on separation pending divorce. When the parties separated, the applicant retained property which includes a Chrysler 300D registered in Botswana which he keeps at his house and the respondent a Mercedes Benz CLK 320 and other property. More
This is an application for review brought in terms of s 4(1) of the Administrative Justice Act [Chapter 10:28] AJA. The applicant is challenging the second respondent ‘s decision to terminate the applicant’s right of occupation of Stand Number 8A Captain Tapfumanei, Mbare before conferring same to the first respondent’s now deceased husband, Peter Baipai. It is the applicant’s contention that the decision by the second respondent must be set aside on the basis that it was irregular, unlawful and procedurally unfair. The application is opposed by the second respondent only. First and third respondents did not file any opposing... More
This is an appeal from a judgment of the Magistrates Court (Civil), per Mrs Mazhande, which was handed down on 8 June 2021. We heard the appeal on 28 October 2021 and reserved judgment after hearing submissions from the parties. The background to the dispute which has culminated in this appeal are that, on 1 June 2020, the appellant and the respondent entered into a lease agreement in respect of premises known as B209 Odzi Apartments, Corner Glenara Road and Samora Machel Avenue, Harare (hereinafter referred to as “the property”). The said lease agreement, which appears on pp 24-27 of... More
The plaintiff is the owner of certain business premises known as Sportlight Butchery and Bottle Store situate at Juru Business Centre, Chikwaka District, Goromonzi. The plaintiff was represented at the trial by his brother one Onias Gatawa duly authorized thereto by power of attorney granted to him by the plaintiff. More
