Bhera v Machingauta (CIV A 58 of 2016; HH 107 of 2017) [2017] ZWHHC 107 (16 February 2017)

Bhera v Machingauta (CIV A 58 of 2016; HH 107 of 2017) [2017] ZWHHC 107 (16 February 2017)

The appeal was dismissed because the trial magistrate's findings on credibility were reasonable, the evidence of the respondent and his wife was credible, and there was no misdirection on the facts or law warranting interference.

Citation
[2017] ZWHHC 107
Parties
Appellant: Innocent Bhera; Respondent: Leonard Machingauta
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
16 February 2017
Case Number
CIV A 58 of 2016 ; HH 107 of 2017
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
Appeal dismissed with costs
Legal Topics
Appeal, Credibility of Witnesses, Customary Law and Local Courts Act, Corroboration of Evidence
Source Language
English
Customary Law Civil Procedure Appeal Credibility of Witnesses Customary Law and Local Courts Act Corroboration of Evidence

Case Brief

Summary, issues, holding and outcome

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Parties

Innocent Bhera

Appellant

Leonard Machingauta

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the trial magistrate erred in upholding the Chief's decision based on credibility of evidence
  2. 2 Whether failure to cross-examine amounted to admission of facts
  3. 3 Whether lack of corroboration warranted absolution from the instance

Ratio Decidendi

The appeal was dismissed because the trial magistrate's findings on credibility were reasonable, the evidence of the respondent and his wife was credible, and there was no misdirection on the facts or law warranting interference.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed with costs