Angel and Star Care Services Limited v Brickworx International (Pvt) Ltd and Kudzashe Mwanaseni and Kudakwasha Carlton Limited

HCMTJ53-25

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Case Details

Court

Mutare High Court

Date

25 September 2025

Citation

HCMTJ53-25

Neutral Citation

[2025] ZWHMT 53

Outcome

unknown

Case Type

Trial

Bench

Presiding

Siziba J

Full Bench

Siziba J

Areas of Law

Contract LawProperty LawCompany Law

Keywords

Verbal agreementOwnership of machineryBusiness partnershipSpoliationDeclaratory order

Key Issues

{"issue_text":"Whether the brick-making machine QT4-15 and accessories are lawfully owned by the plaintiff.","issue_type":"fact","dispositive":"yes","related_facts":"Plaintiff paid for machine; no transfer of ownership; machine unused; no contribution by first defendant"}
{"issue_text":"Whether there was a valid verbal agreement between the plaintiff and the first defendant that can be cancelled.","issue_type":"law","dispositive":"no","related_facts":"Agreement was between Mr Limited and second defendant; plaintiff not party to discussions"}
{"issue_text":"Whether the plaintiff is entitled to a declaratory order under s14 of the High Court Act.","issue_type":"law","dispositive":"yes","related_facts":"Plaintiff has direct interest; ownership at stake; rights prejudiced"}

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Facts of the Case

Background

The plaintiff, a UK-based company, financed the purchase and shipping of a brick-making machine intended for use by Brickworx International (Pvt) Ltd, a Zimbabwean company co-directed by the plaintiff’s director and the third defendant. A dispute arose between the second defendant and the plaintiff’s director, leading to the machine being removed. The plaintiff sued to declare ownership. The court found that the plaintiff funded the purchase and no agreement transferred ownership to the first defendant.

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