The High Court has ruled that a brick moulding machine at the centre of a commercial dispute belongs to Angel and Star Care Services Limited, a company incorporated in England and Wales.
In a judgement delivered by Justice Sijabuliso Siziba following hearings held on 12 and 25 September 2025, the court determined that the QT4-15 brick making machine and its accessories were lawfully owned by the plaintiff. The matter was heard at the High Court in Mutare.
Angel and Star Care Services Limited had instituted proceedings against Brickworx International (Pvt) Ltd, Kudzashe Mwanaseni, and Kudakwashe Carlton Limited, seeking, among other relief, cancellation of an alleged verbal business agreement and a declaration of ownership of the machine.
The dispute arose from a failed business venture intended to establish a brick moulding operation in Marondera. Evidence before the court showed that the machine was purchased from a Chinese supplier and shipped to Zimbabwe using funds paid from the plaintiff’s Barclays Bank account in the United Kingdom. Additional funds were sent for shipping, customs duty, and the registration of Brickworx International (Pvt) Ltd.
The parties later fell out before operations commenced, resulting in disagreements over ownership of the machine. At a pre-trial conference, the parties agreed that the sole issue for determination was whether the machine belonged to the plaintiff or to Brickworx International (Pvt) Ltd.
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In its analysis, the court found that there was no valid agreement between the plaintiff and the first defendant that could be cancelled or dissolved. However, the court held that Angel and Star Care Services Limited had proved, on a balance of probabilities, that it purchased the machine using its own funds and had not transferred ownership to the first defendant.
Justice Siziba noted that neither Brickworx International nor the second defendant had contributed financially to the purchase of the machine, and no documentary evidence was produced to show that ownership had passed from the plaintiff to the first defendant. The court further held that the plaintiff had a direct and substantial interest in the subject matter, entitling it to seek a declaratory order under section 14 of the High Court Act.
The court granted a declaratory order confirming that the brick making machine QT4-15 and its accessories are lawfully owned by Angel and Star Care Services Limited. The claim for cancellation of the alleged verbal agreement was dismissed on the basis that no such agreement existed.
Costs of suit were awarded against the second defendant, who was the only party to actively defend the action.
The plaintiff was represented by Gonese & Ndlovu, while the second defendant was represented by Mundieta & Wagoneka–Madzivanyika Law Chambers.
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