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Negligence or Dolus re: Liability iro Loss Arising from Road Traffic Accident

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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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HH123-12 : DAVID SEBASTAIN GWANDE vs TAPIWA MATONHODZE AND MINISTER OF HOME AFFAIRS
Ruled By: MATHONSI J

The requirements for a claim under the lex aquilia were aptly captured thus: "It is now well-established in our law that the plaintiff in an Aquilian action for patrimonial loss must establish that:- (i) The defendant committed a wrongful act; (ii) The plaintiff suffered patrimonial loss, viz actual loss capable of pecuniary assessment; (iii) The defendant's act caused the loss ...
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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

On 22 August 2007 on the Tafara Highway in Mabvuku, Harare, the six (6) year old daughter of the plaintiff was hit by a bus driven by the second defendant, which belonged to the first defendant, during the scope and course of his employment. The plaintiff issued summons on 6 June 2008, on the ...
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HH60-09 : TENDAI MAZANHI vs DAISY MAROVANIDZE and CHEEZ HOLDINGS (PRIVATE) LIMITED
Ruled By: CHITAKUNYE J

The plaintiff is a self employed male adult. The first defendant is employed by the second defendant as a Marketing Assistant. The second defendant is a company duly incorporated with limited liability according to the laws of Zimbabwe. At all material times, the plaintiff was the owner of a Nissan Sunny FB15 motor vehicle registration no. AAP 1693. ...
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HH19-08 : SERGIO TARWIREYI vs SAMUEL MBONELI KUNENE AND FOURWAY HAULAGE S.A. (PTY) LTD
Ruled By: HUNGWE J

The plaintiff, an incola, issued summons in April 2004 against the first and second respondents, both peregrine, claiming damages arising out of a motor vehicle collision that occurred in Harare on 8 February 2004.
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HH126-09 : AMOS MUKOMBA vs ONGEGUND (PVT) LTD AND LAMECK GANDIDZANWA
Ruled By: KUDYA J

This matter involves a motor vehicle traffic accident that took place between a white diesel-powered four tonne 1983 Mitsubishi Canter truck..., belonging to the plaintiff, and a red Massey Ferguson 375 tractor towing a trailer, belonging to the first defendant. The truck was driven by the late Vandirayi Tevera, who died from other causes after the accident, ...
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HH126-09 : AMOS MUKOMBA vs ONGEGUND (PVT) LTD AND LAMECK GANDIDZANWA
Ruled By: KUDYA J

The first issue for determination is; Who caused the accident?Siza Tiba testified for the plaintiff and stated how the accident happened.He first gave evidence on 22 July 2009. The traffic accident book..., compiled by Constable Mamvura was produced after he had testified. He was recalled on 29 September 2009 to clarify certain issues that were recorded ...
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HH123-10 : SPORROW HAULIERS (PRIVATE) LIMITED t/a J & J TRANSPORT vs GILBERT MASVINGISE and FAXRIDGE (PRIVATE) LIMITED t/a MUKAHIWA HAULAGE
Ruled By: KUDYA J

On 6 September 2008, at the 283km peg along the Harare-Chirundu road, an ERF vehicle, registration number 811-031E, driven by the first defendant during the course and scope of his employment with the second defendant collided with the plaintiff's vehicle, a Freightliner horse registration number AAZ9473 and trailer registration number ABB0565. Arising from that collision, ...
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HH173-10 : TAMBUDZAI MAFUSIRE vs LEWIS GREYLING and ELGREY INVESTMENTS (PVT) LTD
Ruled By: CHATUKUTA J

The plaintiff issued summons claiming damages arising from a motor vehicle accident which occurred on 18 May 2007. The plaintiff's claim is founded on allegations that the accident was solely due to the negligence of the first defendant in that:(a) He attempted to overtake another vehicle in the face of ...
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HH183-10 : LUKE CHIGWIDA and MAVIS CHIPFUPA vs WITBEST ENTERPRISES (PRIVATE) LIMITED and SYDNEY CHADA and MAINLINE TANKERS and STANLEY CHIHURI
Ruled By: MAVANGIRA J

The first plaintiffs claim, as amended, is for the replacement cost of his motor vehicle, being a 1996 model Mitsubishi Canter truck imported from Japan in the amount of USD7,000= and ZAR58,043=99 for freight and duty charges. Both plaintiffs also claim interest on the stated capital sums at 30% per annum calculated from 20 June ...
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HH183-10 : LUKE CHIGWIDA and MAVIS CHIPFUPA vs WITBEST ENTERPRISES (PRIVATE) LIMITED and SYDNEY CHADA and MAINLINE TANKERS and STANLEY CHIHURI
Ruled By: MAVANGIRA J

On the date in question, the late Emmanuel Chigwida was driving the first plaintiff's Mitsubishi Canter truck from Beitbridge, in the direction of Masvingo. He was following behind the first defendant's truck which was also going in the same direction. Sometime between 6.30 pm and 7.00 pm, a sack of cotton lint dropped from the ...
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HH183-10 : LUKE CHIGWIDA and MAVIS CHIPFUPA vs WITBEST ENTERPRISES (PRIVATE) LIMITED and SYDNEY CHADA and MAINLINE TANKERS and STANLEY CHIHURI
Ruled By: MAVANGIRA J

It is the plaintiffs' contention that whilst all the defendants are jointly and severally liable for the damages that they have sustained, the third and fourth defendants' blameworthiness is higher than that of the first and second defendants. The plaintiffs urged the court to find that an apportionment of 70% of the blame (for the ...
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HH215-10 : BERNARD VENGAI vs BENJAMIN CHUMA and NEW DONNINGTON FARM (PRIVATE) LIMITED
Ruled By: KUDYA J

On 10 September 2008 at around 7.30 pm the plaintiff was driving an E200 Kompressor Mercedes Benz 1998 model from Gweru to Harare. At the 49km peg, just before reaching Norton, he drove into the back of a trailer. The trailer was being towed by a tractor driven by the first defendant during the ...
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HH215-10 : BERNARD VENGAI vs BENJAMIN CHUMA and NEW DONNINGTON FARM (PRIVATE) LIMITED
Ruled By: KUDYA J

In his declaration, the plaintiff averred that the accident was caused by the negligence of the first defendant and the unroadworthiness of both the tractor and the trailer. He particularized the negligence thus - (a) The tractor driver was not licensed to drive. (b) The trailer, which had thirty passengers, had no rear lights despite the fact that ...
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HH49-13 : FIRST CLASS ENTERPRISES (PVT) LTD vs TRYMORE MUCHINGAMI AND 2 OTHERS
Ruled By: MATHONSI J

On a bitterly cold winter night of 18 July 2009, the plaintiff's semi luxury coach, a scania registration number AAZ7875, driven by Albert Bendura, which plies the Harare - Lusaka route, was on a routine return trip from Lusaka Zambia along the Harare/Chirundu Road and had just taken off from Karoi, when it was involved ...
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HB38-13 : MKANDLA TOURS AND TRANSPORT vs UNIQUIP (PVT) LTD and TAWANDA PUCHE
Ruled By: CHEDA AJ

The plaintiff issued summons against the defendant claiming damages totaling ZAR587,500= arising from a traffic accident in which he said the defendant's vehicle collided with and caused damage to his vehicle. He said the accident was due to the negligence of the first defendant's driver who is the second defendant. The summons was served on the ...
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HH280-14 : JAMERA PATSWAWAIRI TILTON vs GOODLUCKY SIMOKO and RM INSURANCE
Ruled By: MTSHIYA J

It is common cause that on 11 March 2011, at the 54 km peg, along the Mvurwi-Kanyemba Road, the defendant's vehicle, a Toyota Land Cruiser, registration number ABK 3379 (the Land Cruiser), hit at the back of the plaintiff's vehicle, an unregistered Toyota Camry (the Camry). This, according to the plaintiff's declaration, caused extensive damage ...
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SC56-13 : ELIZABETH NDAVA vs TENDAI CHIVIZHE TAKARUWA and ELIZABETH ARTZINGER
Ruled By: MALABA DCJ, ZIYAMBI JA and GOWORA JA

The facts of the case are these.On 12 February 2010, at about midnight, the appellant was a passenger in a 25-seater minibus belonging to the second respondent and driven by the first respondent within the scope and course of his employment, from Beitbridge to Harare plying the Harare-Masvingo highway. At the 45km peg, ...
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HH92-14 : MANGWIRO SIBANDA vs JANE HAPPIAH CHIKUMBA and ALTFIN INSURANCE COMPANY
Ruled By: CHIGUMBA J

The plaintiff issued summons against the defendants, on 11 September 2012, claiming: (a) Payment of the sum of US$3,700= being the cost of repairs to his Toyota sprinter motor vehicle registration number AAQ 5021 negligently damaged by the first defendant on 17 December 2011 who was at the time driving a Toyota Land Cruiser registration number AAX 3378 ...
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HH56-17 : MANGWIRO SIBANDA vs JANE H. CHIKUMBA and ALTFIN INSURANCE COMPANY
Ruled By: MATANDA-MOYO J

The plaintiff instituted proceedings against the defendants, jointly and severally, the one paying the other to be absolved for the following relief; 1. Payment of the sum of $3,700= being costs of repairs to the plaintiff's sprinter vehicle registration number AAQ 5021 which was damaged due to a collision solely caused by the first defendant. The other vehicle ...
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HHH224-15 : THE STATE vs HENRY GANDA
Ruled By: MAFUSIRE J and MWAYERA J

Negligence, however gross, or recklessness, cannot amount to mens rea or dolus eventualis as the trial magistrate meant to say: see Attorney-General v Munganyi 1986 (2) ZLR 137 (SC).In that case, in the context of reckless driving within the meaning of the Road Traffic Act, then No.48 of 1976 (now ...
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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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Appealed
SC03-13 : BERNARD VENGAI vs BENJAMIN CHUMA and NEW DONNINGTON FARM (PVT) LTD
Ruled By: ZIYAMBI JA, GARWE JA and OMERJEE AJA

This is an appeal against the judgment of the High Court in which the appellant's claim for the replacement value of a Mercedes Benz motor vehicle, and damages arising from a road traffic accident, was dismissed with costs.The facts of this matter are that on 10 September 2008, at 7:30pm, ...
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HB32-15 : ANDREW NDLOVU and CHIHWA TOURS vs THEMBINKOSI SIBINDI
Ruled By: MUTEMA J and MOYO J

By the time the appeal was heard, on 2 February 2015, the respondent had, on 15 January 2015, filed a document headed “CONSENT TO JUDGMENT” wherein he indicated that he was consenting to the order sought in the appeal.We allowed the appeal in terms of the consent and indicated that ...
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HH207-13 : MODCRAFT ENGINEERING (PVT) LTD vs TENDA BUSES (PRIVATE) LIMITED and DAMASCUS MUTARE
Ruled By: MATHONSI J

The plaintiff, a duly incorporated engineering company which is involved in, inter alia, the manufacture of fuel tanks, instituted summons action against the defendant, a bus company, for damages arising out of a motor vehicle accident which occurred on 8 November 2009 at the intersection of Mharapara and Seke Roads ...
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