This case involves a freak accident that unfortunately left the plaintiff with a corneal and scleral perforation in his right eye. Plaintiff had filed a delictual claim against the defendant seeking damages as follows;
a) Loss of income; US$16 000-00.
b) Hospital expenses; US$2 000-00.
c) Estimated future and medical expenses; US$4 000-00.
d) General damages inclusive of pain and suffering and permanent disability; US$200 000-00.
e) Interest at the prescribed rate from the date of issuance of summons to date of full and final payment.
f) Costs of suit.
Plaintiff specifically alleged in paragraph 4 of his declaration that... More
The appellant in this case appeared before a magistrate sitting at Hwange on 16 September 2013. He was facing a charge of contravening section 67 (1) (a) (i) of the Criminal Law (Codification and Reform) Act, [Chapter 9:23] “indecent assault”. It was alleged that on 4 March 2013, at ZRP Hwange Camp Quarters, and with indecent intent, and knowing that the complainant had not consented to such action, the appellant fondled the complainant’s breasts. More
Defendant entered appearance to defend and filed a plea. The basis of the plaintiff’s claim is that on the 29th of August 2018, plaintiff and defendant entered into a Marketing Licence Agreement herein after called the (“MLA”) wherein plaintiff was the Licensor and defendant the Licensee. Plaintiff who is the owner of property known as Fife Street Service Station allowed defendant to occupy and utilize the service station on terms agreed in the said agreement. The agreed duration of the agreement was one (1) year from the 1st June 2018 up to the 31st of May 2019. In terms of... More
TAKUVA J: After hearing the parties on 8 July 2019, the court made the following pronouncement:
“The appeal be and is hereby dismissed with costs.”
Subsequently, counsel for the appellant filed a request for full reasons for our decision.
Hereunder are the full reasons.
This is an appeal against the entire judgment of the Magistrates Court granted in favour of the respondent. More
Applicant is the son of Tapson Ndlovu (Tapson) and Maria Ndlpovu (nee Tapera). Maria Ndlovu obtained a decree of divorce and ancillary relief against Tapson Ndlovu by order of this court in HC 788/17. This order was ganted on the 27th of July 2017 and per clause 4(1), the names of Trvor Ndlovu and Talent Ndlovu.
Meanwhile and unknown to applicant, 1st to 31st respondents who are members of a burial society obtained judgment against Tapson on the 11th of May 2017. This judgment was obtained on default of appearance of Tapson. The order directed Tapson to pay the sum... More
