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Delictual Damages re: Bodily, Personal Injury or Contumelia and Non-Patrimonial Loss iro Approach

HH20-10 : CHRISTOPHER GWIRIRI vs STARAFRICA CORPORATION (PRIVATE) LIMITED t/a HIGHFIELD BAG (PRIVATE) LIMITED
Ruled By: CHITAKUNYE J

PAIN AND SUFFERING In his book, 'The Law of Delict' by PQR BOBERG, Volume 1, 1984…., the learned author had this to say about the remedy for pain and suffering; “Compensation may be awarded not only for actual physical pain but also shock, discomfort and mental suffering, disfigurement, loss of amenities of life and disability; and loss ...
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SC13-11 : MATTHEW MBUNDIRE vs TYRONE SIM BUTTRESS
Ruled By: ZIYAMBI JA, GARWE JA and CHEDA AJA

At the conclusion of the hearing of this matter in the High Court, the court, inter alia, granted absolution from the instance in respect of the appellant's claim for general damages, future expenses, and replacement value for his motor vehicle. It is only against that portion of the judgment that ...
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HH85-09 : MARTIN GONDOKONDO (in his capacity as the guardian of Leobah Gondokondo) vs TAKROSE BUSES (PVT) LTD AND GORDON NGONIDZASHE MOYO
Ruled By: KUDYA J

The next issue for determination revolves around the measure of damages due to the plaintiff. The plaintiff did not lead evidence on the actual amount expended in treating the girl or for future medical expenses. In argument, counsel for the plaintiff abandoned the plaintiff's claims for past and future medical expenses. He prayed for general damages of ...
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HH84-09 : LIZZIE MUKUMBA vs THE MINISTER OF HOME AFFAIRS and THE COMMISSIONER OF POLICE
Ruled By: KUDYA J

The next issue concerns the amount of damages due to the plaintiff She is bound by her pleadings and cannot be granted the figure of US$10,000= which she sought in her evidence in chief without first amending her pleadings. The cases that I was referred to took place during food riots which rocked Harare in January 1998 resulting ...
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HH108-09 : CHAIR RORE vs THE MINISTER OF DEFENCE
Ruled By: CHITAKUNYE J

The plaintiff is a male adult resident at House Number 2365 St Marys Chitungwiza. The defendant is the Minister of Defence cited in his official capacity.On 14 November 2003, the plaintiff filed a suit against the defendant for damages in the sum of Z$500,000. The plaintiff alleged, that, on 19 ...
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HB42-09 : MARGRET MOYO vs MR SIZIBA and DOKOTELA OMNIBUS, represented by R DOKOTELA and TRUST INSURANCE BROKERS
Ruled By: NDOU J

The plaintiff, on 24 August 2004, was travelling in a bus driven by the first defendant, belonging to the second defendant, and insured by the third defendant. Along the Bulawayo-Solusi Road, and at Natani River, the bus was involved in an accident. As a result, the plaintiff received serious injuries, resulting in the institution of the proceedings in ...
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SC56-13 : ELIZABETH NDAVA vs TENDAI CHIVIZHE TAKARUWA and ELIZABETH ARTZINGER
Ruled By: MALABA DCJ, ZIYAMBI JA and GOWORA JA

This is an appeal against the judgment of the High Court, dated 25 October 2012, by which a claim for damages amounting to US$36,475=, in respect of injuries received in a car accident, was dismissed with costs.
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HH173-10 : TAMBUDZAI MAFUSIRE vs LEWIS GREYLING and ELGREY INVESTMENTS (PVT) LTD
Ruled By: CHATUKUTA J

DamagesThe next issue for determination revolves on the measure of damages, if any, that are due to each party.The plaintiff abandoned her claim for the following damages:(a) Hospital, x-rays, and other related expenses;(b) Orthopaedic surgeon's costs;(c) Charges for towing the damaged motor vehicle;(d) Costs of replacing spectacles; and(e) Value of ...
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HH196-10 : MONDAY BOPOTO NYANDORO vs MINISTER OF HOME AFFAIRS and COMMISSIONER OF POLICE
Ruled By: PATEL J

The affidavit, which was compiled after his discharge from Dandaro Hospital, only mentions the injuries to his left foot and is totally silent as to the injuries to his chest and ribs.He was unable to explain this omission when cross-examined on the point.In contrast to the evidence relating to the plaintiff's leg injury, there is nothing ...
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HH215-10 : BERNARD VENGAI vs BENJAMIN CHUMA and NEW DONNINGTON FARM (PRIVATE) LIMITED
Ruled By: KUDYA J

The plaintiff averred that he was physically shaken by the impact of the accident. He did not break any bones. He was treated for pain and shock. As a result of the accident, he suffers from a consistent back pain and finds it hard to bend. Two weeks before the commencement of trial he ...
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HB101-10 : MISHECK VELLAH vs JEALOUS MOYO (alias) MUSHONA and MIKA MOYO
Ruled By: NDOU J

The plaintiff amended his claim to: (a) ZAR3,000= for the loss of two cows; (b) ZAR15,000= for transport to and from hospital; and (c) Damages for pain and suffering in the sum of ZAR500,000=. I will now consider these claims in turn…..,. General Damages for Pain and Suffering The applicant claimed ZAR500,000=. I have quoted from the doctor's report on the kind of pain ...
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HB54-13 : NKOSITHABILE MDLONGWA vs MLUNGISI NGWENYA
Ruled By: MAKONESE J

GENERAL DAMAGES FOR PAIN AND SUFFERING From the brief facts of this matter, there can be no doubt that the plaintiff was subjected to pain and suffering and a measure of discomfort as a result of the assault by the defendant. The well established principle is that general damages are those that naturally flow from the ...
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HH55-14 : PRINCE CHINEMBIRI and PARADZI MUPANDENYAMA and ALEXIO TEMBO and KUDAKWASHE PFUNDE and CLEMENCE SHAMU and ORCHARD KANJADO vs CHANCE NCUBE and DANIUS RUNGANO and ZETDC
Ruled By: MATANDA-MOYO J

Quantum of Damages The first plaintiff's claim for damages is under four headings, namely; (i) Shock and trauma $10,000= (ii) Pain and suffering ...
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HMA19-17 : VENGAI RUSHWAYA vs NELSON BVUNGO and THE SHERIFF FOR ZIMBABWE N.O.
Ruled By: MAFUSIRE J

Contumelia, the indignity or humiliation suffered, are general damages. Like pain, shock and suffering, there are no scales to measure it. The final award is in the discretion of the court. The discretion is exercised judiciously, not whimsically, on the basis of the information made available. At the end of the day, the court ...
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HB118-16 : ABEL MKHWANANZI vs TIRIVAVI TOTAMIREPI and MINISTRY OF SOCIAL WELFARE
Ruled By: MAKONESE J

On the 12th February 2012, the plaintiff was a passenger in a commuter omnibus bearing registration number ABZ 0276. At the 24km peg, along the Bulawayo-Beitbridge road, there was a motor vehicle collision involving a Mahindra motor vehicle, registration number G-LL6641, and the commuter omnibus. The vehicle belongs to the second defendant and was being driven by ...
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HH99-15 : COSMAS NYAMBARA vs CO-MINISTERS OF HOME AFFAIRS and COMMISSIONER GENERAL and DETECTIVE CONSTABLE MUUYA and DETECTIVE SEARGENT MUSEKIWA
Ruled By: DUBE J

CLAIM FOR GENERAL DAMAGES The plaintiff claims general damages for pain and suffering, contumelia and loss of amenities of life and permanent disability and disfigurement in the sum of $1,500,000= and $21,000= for special damages. Under the category of general damages, he claims for pain and suffering, contumelia, loss of amenities of life and permanent disability and disfigurement. A cellphone, $168=88 and ...
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HH99-15 : COSMAS NYAMBARA vs CO-MINISTERS OF HOME AFFAIRS and COMMISSIONER GENERAL and DETECTIVE CONSTABLE MUUYA and DETECTIVE SEARGENT MUSEKIWA
Ruled By: DUBE J

The plaintiff has not proved that he incurred any medical expenses in treating his wound.
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HH148-15 : JUDITH NYOKA vs NYAMWEDA BUS SERVICE and ZIMNAT LION INSURANCE
Ruled By: MUSAKWA J

The plaintiff is seeking delictual damages for injuries arising from an accident that occurred when she was a passenger on a bus operated by the defendant. In 2006, the plaintiff issued summons claiming delictual damages arising from an accident in which she was a passenger on a bus that was operated by the defendant….,. She has persisted in her ...
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HB100-18 : ERASMUS DUBE vs ZIMBABWE ELECTRICITY TRANSMISSION DISTRIBUTION COMPANY
Ruled By: MAKONESE J

Where a defect or dangerous condition in the conductor or any appliance of a power company, causing injury to a person or persons, negligence does not per se give rise to liability as against the power company. Liability on the part of the power company turns on whether it knew, ...
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HH40-13 : TREVOR SIMBANEGAVI vs OFFICER JACHI
Ruled By: MAKONI J

On 8 December 2010, at around 1700 hours, and in Avonlea Drive, the plaintiff was approached by the defendant who was in the company of other officers of the Criminal Investigation Department. The defendant ordered the plaintiff to disembark from the motor vehicle where he was sitting. He ordered the ...
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Appealed
HH46-09 : MATTHEW MBUNDIRE vs TYRONE SIM BUTTRESS
Ruled By: CHATUKUTA J

At the conclusion of the trial, I directed that the parties file closing submissions by close of business on 31 October 2008. The plaintiff filed his submissions timeously. Despite numerous reminders to the defendant's counsel, the defendant did not file his submissions. I have therefore proceeded to prepare my judgment ...
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SC69-18 : RITA MBATHA vs FARAI ZIZHOU and CONFEDERATION OF ZIMBABWE INDUSTRIES
Ruled By: MAKARAU JA, HLATSHWAYO JA and PATEL JA

This is an appeal against the decision of the High Court upholding the respondents' special plea of prescription, and, consequently, dismissing the appellant's claim with costs.The appellant has noted her appeal against the entire judgment and prays, as per her amended prayer, that the judgment of the court a quo ...
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Appealed
HH93-16 : RITA MBATHA vs FARAI ZIZHOU and CONFEDERATION OF ZIMBABWE INDUSTRIES
Ruled By: DUBE J

The application before me is a special plea and exception.The brief facts surrounding this claim are as follows:The plaintiff was employed by the Confederation of Zimbabwe Industries reporting to the first defendant who was its President and Chief Executive Officer. On 18 June 2014, the plaintiff issued summons against the ...
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HH675-21 : RITA MBATHA vs FARAI ZIZHOU and CONFEDERATION OF ZIMBABWE INDUSTRIES
Ruled By: MAFUSIRE J

IntroductionThe plaintiff claims a default judgment for sexual harassment. She is unrepresented.The matter appeared on the unopposed motion roll on 20 October 2021. It was one of several such appearances. In the past, the matter would be removed from the roll for one reason or other. The matter has had ...
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HH37-16 : GEORGINA NJODZI vs LORRAINE MATIONE
Ruled By: MWAYERA J

In the case of Timothy Chinyadza v Melton Phiri HH76-09, KUDYA J…, defined contumelia as follows:“Contumelia is equated to the injury, hurt, insult, and indignity inflicted upon a plaintiff by adultery committed by a defendant with his or her spouse.”One does not require a magnifying glass to scrutinize and come ...
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HH76-09 : TIMOTHY CHINYADZA vs MELTON PHIRI
Ruled By: KUDYA J

In both Nyandoro v Tizirai HH12-06 and Gombakomba v Bhudhiyo HH118-06, I adopted the definition of contumelia set out in Doyle v Salgo (1) 1957 R N 840…,; Katsumbe v Buyanga 1991 (2) ZLR 256 (H)…,; and Takadini v Maimba 1996 (2) ZLR 737 (S)…,.Contumelia is equated to ...
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HH668-14 : ELIZABETH TANYANYIWA vs LINDIWE HUCHU
Ruled By: CHIGUMBA J

In both Nyandoro v Tizirai HH12-06 and Gombakomba v Bhudhiyo HH118-06 the court adopted the definition of contumelia set out in Doyle v Salgo (1) 1957 R N 840…,; Katsumbe v Buyanga 1991 (2) ZLR 256 (H)…,; and Takadini v Maimba 1996 (2) ZLR 737 (S)…,.Contumelia is equated ...
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HMA52-19 : JUSTICE GUMBOCHUMA vs ZIMBABWE ELECTRICITY TRANSMISSION & DISTRIBUTION COMPANY
Ruled By: MAFUSIRE J

This was an action matter. On the date of trial, it was postponed sine die by consent.The defence had raised a special plea of prescription. The plaintiff was not conceding it. In terms of a timetable agreed upon, the parties would file their written submissions. Judgment on prescription would be ...
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