- ECONET WIRELESS (PVT) LTD (2) GODFREY MANGEZI (3) TRANSACTION PAYMENT SOLUTIONS
SUPREME COURT OF ZIMBABWE
MALABA DCJ, ZIYAMBI JA & PATEL AJA
HARARE, MAY 13, 2013
T Mpofu, for the appellants
C Chikono, for the respondent
MALABA DCJ: At the end of hearing argument for both parties the court allowed the appeal with costs. It was indicated at the time that reasons for the decision to allow the appeal would follow in due course. These are they.
On 12 August 2011 the respondent issued out summons in the High Court claiming damages for malicious prosecution against the first and second appellants and damages for defamation against the third appellant. After a full trial the court a quo awarded the respondent the sum of US$20 000.00 for general damages for malicious prosecution with interest and the sum of US$2 000.00 for defamation damages with interest.
The first appellant is a company registered in terms of the laws of Zimbabwe dealing in the business of production and sale of airtime recharge cards and the second appellant is employed by the first appellant as a Loss Control and Investigating Officer. The third appellant is a company registered in terms of the laws of Zimbabwe carrying out the business of providing electronic recharge cards to dealers through terminals that it supplies and services in terms of a dealership contract. It is a subsidiary of the first appellant.
On 10 February 2009, the third appellant entered into a dealership contract with a company called Flamsrock Trading (Pvt) Ltd in terms of which the latter would buy prepaid electronic airtime vouchers at a discount from the first appellant for resale through the third appellant. The company was represented by the respondent who is its Chief Executive Officer. On 24 March 2009, the first appellant discovered that recharge cards which, had been prepared for Innscor and OK Zimbabwe but subsequently withdrawn before being supplied were being sold in the open market at very low prices ranging between $4 and $4,30c. After the recharge cards had been withdrawn they were expected to have been deactivated before they could be supplied to interested customers.