DISTRIBUTED BY VERITAS TRUST Tel: [263] [4] 794478 Fax & Messages [263] [4] 793592 E-mail: veritas@mango.zw Veritas makes every effort to ensure the provision of reliable information, but cannot take legal responsibility for information supplied. Judgment No. 29/18of “It is not enough that the Appellate Court considers that if it had been in the position Civil Appeal No. SC 524/14 the primary court, it would have taken a different course. It must appear that some error has been made in exercising the discretion. If the primary court acts upon a wrong principle, if it allows extraneous or irrelevant matters to guide or affect it, if it mistakes the facts, if it does not take into account some relevant consideration, then its determination should be reviewed, and the Appellate Court may exercise its own discretion in substitution…” 9 [11] The judgment of the court a quo is well reasoned. The learned Judge carefully assessed all the relevant factors. Nothing was alleged, or proved, to justify interference by this Court with the judgment of the lower court. [12] It is for the above reasons that, after hearing submissions by counsel, the appeal was dismissed with costs. GOWORA JA: I agree BHUNU JA: I agree T H Chitapi & Associates, Appellant’s Legal Practitioners Matsikidze & Mucheche, Respondent’s Legal Practitioners 9 At pp 62F-63A. 5