TREDCOR ZIMBABWE (PRIVATE) LIMITED v JOSHUA MARECHA

HH 558-22

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Case Details

Court

Harare High Court

Date

23 August 2022

Citation

HH 558-22

Neutral Citation

[2022] ZWHH 558

Outcome

unknown

Case Type

Trial

Bench

Presiding

CHINAMORA J

Full Bench

CHINAMORA J

Areas of Law

DelictEmployment LawTax Law

Keywords

NegligenceDuty of careFinance managerAbsolution from the instancePrima facie casePAYEImport taxZIMRA

Key Issues

{"issue_text":"Whether the plaintiff established a prima facie case against the defendant to warrant him being put on his defence.","issue_type":"procedural","dispositive":"yes","related_facts":"All facts regarding lack of primary evidence and contradictions in witness testimony."}
{"issue_text":"Whether the defendant was the finance manager and/or director with specific duties regarding finance.","issue_type":"fact","dispositive":"yes","related_facts":"Lack of employment contract and CR14 form; witness testimony vs defendant's denial."}
{"issue_text":"Whether the defendant was negligent in causing the alleged losses.","issue_type":"law/fact","dispositive":"yes","related_facts":"Duplication of bills of entry; under-declaration of PAYE; lack of primary evidence."}

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background

Facts of the Case

Background

The plaintiff, TREDCOR ZIMBABWE (PRIVATE) LIMITED, sued its former employee, JOSHUA MARECHA, for US$324,319.08 in delict, alleging negligence in his duties as finance manager caused loss through duplicated import tax claims and undeclared employee benefits. At the close of the plaintiff's case, the defendant applied for absolution from the instance, arguing the plaintiff failed to prove a prima facie case.

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