Skip to document content Skip to main menu Skip to search

Supreme Court of Zimbabwe - 2019 March

4 judgments
Advanced search
All years
Filters
  • Filters
  • Judges
  • Alphabet
Sort by:
4 judgments
Citation
Judgment date
March 2019
British American Tobacco Zimbabwe v Chibaya (Civil Appeal SC 429 of 2016; SC 30 of 2019) [2019] ZWSC 30 (15 March 2019)
Whether the applicant proved the respondent’s alleged dishonesty by circumstantial and photocopy-based handwriting expert evidence.
Employment law; disciplinary dismissal – sufficiency of circumstantial evidence; civil standard of proof (balance of probabilities); admissibility and probative value of handwriting expert opinion based on photocopies; evidential significance of third-party (bank) non-cooperation.
 15 March 2019
Siamsipa N.O v Kunganda Farm (Private) Limited (Case SC 757 of 2017; SC 26 of 2019) [2019] ZWSC 26 (12 March 2019)
A liquidator’s s 276(2) power to recover company property authorises eviction even where the sale of that property is disputed.
Companies Act s 276(2) – Liquidator’s duty to recover and reduce into possession company assets – Eviction of unlawful occupier; Companies Act s 221(2)(h) – requirement of court leave for sale of company land – invalidity of sale not a defence to eviction; Procedural law – failure to prosecute interlocutory relief – appeal cannot import dismissed collateral challenge; Costs – punitive costs for frivolous or vexatious resistance.
 12 March 2019
Bakari v Total Zimbabwe (Private) Limited (SC 21 of 2019; Supreme Court Appeal SC 226 of 2016) [2019] ZWSC 21 (4 March 2019)
Whether the appellant was bound by a signed surety deed despite claiming he signed for another company.
Suretyship — requirements of a valid surety agreement (identity of creditor, principal debtor, surety; amount of debt) — onus on surety to prove mistake/seek rectification — single witness evidence and credibility — absolution from the instance — novation raised for first time on appeal.
 4 March 2019
Masvikeni v National Blood Service Zimbabwe (Civil Appeal SC 113 of 2015; SC 28 of 2019) [2019] ZWSC 28 (4 March 2019)
Publication of untrue, damaging anonymous emails constituted dismissible "act of prejudice" under the employer’s Code.
Employment law – disciplinary dismissal – anonymous emails alleging misconduct – admission by conduct at appeal hearing – waiver of procedural objections by non‑attendance – interpretation of Code s 4(a)(vii) as non‑exhaustive illustrative list covering publication of prejudicial material.
 4 March 2019