Reserve Bank of Zimbabwe (2) Joram Makonde v Tiran Transport (Private) Limited

SC 75/19

Analyze with AI

Case Details

Court

Supreme Court

Date

26 September 2019

Citation

SC 75/19

Neutral Citation

[2019] ZWSC 75

Outcome

unknown

Case Type

Appeal

Bench

Presiding

Gwaunza JA

Author

Makarau JA

Full Bench

Gwaunza JAGarwe JAMakarau JA

Areas of Law

DelictEvidence

Keywords

negligencemotor vehicle accidenthearsay evidenceunidentified witnessburst tyredamages

Tags

motor vehicle accidentnegligencevicarious liabilityhearsay evidence

legislation

Statutes Cited

Immigration Act 1971
Immigration and Asylum Act 1999
European Convention on Human Rights
Human Rights Act 1998
Nationality, Immigration and Asylum Act 2002
Immigration Rules
Asylum and Immigration Appeals Act 1993
Asylum and Immigration Act 1996
Special Immigration Appeals Commission Act 1997
Immigration (Leave to Enter and Remain) Order 2000
Immigration (European Economic Area) Regulations 2000
Immigration (Restrictions on Employment) Order 1996
Immigration (Carriers' Liability) Act 1987
Immigration and Asylum Appeals Act 1993
Immigration Appeals (Family Visitor) Regulations 1997
Immigration (Variation of Leave) Order 1976
Immigration Act 1988
Immigration (Control of Entry through Republic of Ireland) Order 1972
Immigration (Passenger Transit Visa) Order 1994
Immigration (Exemption from Control) Order 1972
Immigration (Registration with Police) Order 1972
Immigration (Hotel Records) Order 1972
Immigration (Ports of Entry) Order 1972
Immigration (Procedure for Marriage) Regulations 1972
Immigration (Restrictions on Employment) Order 1974
Immigration (Restrictions on Employment) Order 1976
Immigration (Restrictions on Employment) Order 1979
Immigration (Restrictions on Employment) Order 1980
Immigration (Restrictions on Employment) Order 1983
Immigration (Restrictions on Employment) Order 1986
Immigration (Restrictions on Employment) Order 1989
Immigration (Restrictions on Employment) Order 1990
Immigration (Restrictions on Employment) Order 1991
Immigration (Restrictions on Employment) Order 1992
Immigration (Restrictions on Employment) Order 1993
Immigration (Restrictions on Employment) Order 1994
Immigration (Restrictions on Employment) Order 1995
Immigration (Restrictions on Employment) Order 1997
Immigration (Restrictions on Employment) Order 1998
Immigration (Restrictions on Employment) Order 1999
Immigration (Restrictions on Employment) Order 2000
Immigration (Restrictions on Employment) Order 2001
Immigration (Restrictions on Employment) Order 2002
Immigration (Restrictions on Employment) Order 2003
Immigration (Restrictions on Employment) Order 2004
Immigration (Restrictions on Employment) Order 2005
Immigration (Restrictions on Employment) Order 2006
Immigration (Restrictions on Employment) Order 2007
Immigration (Restrictions on Employment) Order 2008
Immigration (Restrictions on Employment) Order 2009
Immigration (Restrictions on Employment) Order 2010
Immigration (Restrictions on Employment) Order 2011
Immigration (Restrictions on Employment) Order 2012
Immigration (Restrictions on Employment) Order 2013
Immigration (Restrictions on Employment) Order 2014
Immigration (Restrictions on Employment) Order 2015
Immigration (Restrictions on Employment) Order 2016
Immigration (Restrictions on Employment) Order 2017
Immigration (Restrictions on Employment) Order 2018
Immigration (Restrictions on Employment) Order 2019
Immigration (Restrictions on Employment) Order 2020
Immigration (Restrictions on Employment) Order 2021
Immigration (Restrictions on Employment) Order 2022
Immigration (Restrictions on Employment) Order 2023
Immigration (Restrictions on Employment) Order 2024

ai analysis

Case Summary

Key Issues

{"issue_text":"Whether court a quo erred in finding unidentified policeman was passenger who made statement about second appellant's driving","issue_type":"fact","dispositive":"no","related_facts":"Evidence of respondent's two witnesses"}
{"issue_text":"Whether hearsay statement of unidentified policeman could form sole basis for finding negligence","issue_type":"law","dispositive":"yes","related_facts":"s 27 Civil Evidence Act; unidentified maker of statement"}
{"issue_text":"Whether respondent proved second appellant's negligence caused accident","issue_type":"mixed","dispositive":"yes","related_facts":"Burst tyre defence; standard of proof in delict"}

This summary was generated by AI. Use Zalari to read the full judgment.

background

Facts of the Case

Background

On 27 August 2008, a vehicle belonging to the first appellant (Reserve Bank of Zimbabwe) driven by the second appellant (Joram Makonde) collided with respondent's vehicle on Harare-Masvingo Road. Respondent sued for damages alleging negligence. High Court found for respondent based on statement by unidentified policeman passenger that second appellant was sleeping while driving. Appellants appeal.

Read the full judgment, get AI analysis, and find related cases

Open in Zalari →

Zalari is Zimbabwe and Southern Africa's leading AI-powered legal research platform, built by DeepCounsel and powered by Nyamaropa Technologies. Search Zimbabwe Supreme Court and High Court case law instantly, get AI-generated answers with full source citations, and access the most comprehensive corpus of Zimbabwean and Southern African jurisprudence available online. Zalari is the go-to legal AI platform for attorneys, advocates, law students, judges, and corporate counsel across Zimbabwe and South Africa — delivering faster research, smarter insights, and a competitive edge in legal practice. Zalari does not provide legal advice. Always consult a qualified legal practitioner for advice specific to your situation. © 2026 DeepCounsel — a legal technology company democratising access to legal knowledge in Africa.