NATIONAL RAILWAYS OF ZIMBABWE
CONTRIBUTORY PENSION FUND
Versus
MUGADZA TRADING & TRANSPORT
t/a CHASE WATER SERVICE
and
MAGRET MUGADZA
And
CLAUDE MUGADZA
IN THE HIGH COURT OF ZIMBABWE
MAKONESE J
BULAWAYO 8 JUNE & 5 JULY 2018
Civil Trial
B. Masamvu for the plaintiff
L. Chikwakwa for the defendants
MAKONESE J: On the 5th of June 2018 the parties’ legal practitioners and their clients appeared before me in chambers. I was informed that the parties needed to agree on certain calculations as there was still a possibility of an out of court settlement. Further, I was advised that the plaintiff needed to obtain source documents in respect of operating costs.
The parties and their legal practitioners failed to reach agreement. The trial commenced on the 8th of June 2018. The plaintiff’s case rested on one single witness, Abel Nsingo. He testified and was cross-examined by defendant’s counsel. The plaintiff closed its case. An application for absolution from the instance was made. I invited both parties to submit written