Alexio Mandisodza versus Angeline Zvarai

HH 823-18

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Case Details

Court

Harare High Court

Date

19 December 2018

Citation

HH 823-18

Neutral Citation

[2018] ZWHH 823

Outcome

unknown

Case Type

Review

Bench

Presiding

MUZENDA J

Full Bench

MUZENDA J

Areas of Law

Civil ProcedureContract LawEvidence Law

Keywords

Review ApplicationLoan AgreementAcknowledgment of DebtNatural JusticeRight to Call Witnesses

Key Issues

{"issue_text":"Whether the review application was filed within the statutory time limit","issue_type":"procedural","dispositive":"yes","related_facts":"Application filed on 28 February 2018, judgment delivered on 19 October 2017"}
{"issue_text":"Whether applicant was denied right to call witnesses at trial","issue_type":"fact","dispositive":"no","related_facts":"Applicant claimed he wanted to call witnesses but was denied opportunity"}
{"issue_text":"Whether the magistrate court erred in finding for the respondent","issue_type":"mixed","dispositive":"no","related_facts":"Trial court's finding that no evidence showed payment was made"}

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background

Facts of the Case

Background

Applicant Alexio Mandisodza borrowed $880 from respondent Angeline Zvarai in two loans ($620 and $260) to clear rental arrears. He signed acknowledgments of debt but claimed to have repaid the amounts. The magistrate court found in favor of the respondent. Applicant filed a review application alleging denial of right to call witnesses and other irregularities.

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