SC 20-13 - ZETDC v RUVINGA

ZIMBABWE ELECTRICITY TRANSMISSION AND DISTRIBUTION COMPANY

v

IGNATIUS RUVINGA

 

SUPREME COURT OF ZIMBABWE

ZIYAMBI JA, GARWEJA & OMERJEE AJA

HARARE, NOVEMBER 12, 2012 & JUNE 3, 2013

 

T Mpofu, for the appellant

The respondent in person

 

ZIYAMBI JA:  In the court a quo the respondent was the plaintiff whilst the appellant was the defendant.  The respondent issued summons against the appellant in the High Court for the following:

“Payment of:

  1. US$9 800-00 being the costs of replacing the motor;
  1. Payment of US$208 849-00 in respect of damages suffered as a result of the loss of the plaintiff’s crop;
  1. Payment of US$200 000-00 being damages in respect of mental anguish, anxiety and depression;
  1. Costs of suit.”

 

The appellant filed its plea and the pleadings followed their natural course to a Pre-trial conference which was set down for 23 September 2010.  At this hearing the learned Judge was of the view that the parties assisted by their legal practitioners should attempt to reach a settlement failing which she would refer the matter to trial.  She accordingly directed that the parties and their legal practitioners should convene a round table conference on their own for that purpose on 18 October 2010.  For this reason the learned Judge then, with the concurrence of the legal practitioners of the parties, postponed the matter to 21 October 2010 for a second Pre-trial conference.  The appellant was then represented by Mr Vote Muza.

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