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Harare High Court
Chido Matewa v Zimbabwe Electricity Transmission & Distribution Company
HH 435-18
Case Details
Court
Harare High Court
Date
25 July 2018
Citation
HH 435-18
Neutral Citation
[2018] ZWHH 435
Outcome
unknown
Case Type
Trial
Bench
Presiding
CHIKOWERO J
Full Bench
CHIKOWERO J
Areas of Law
DelictAquilian actionDamages
Keywords
Electrical equipment theftUndertakingsElectricity restorationCrop failureIrrigation
Tags
Aquilian actionDamagesElectricity supplyFarming losses
legislation
Statutes Cited
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ai analysis
Case Summary
Key Issues
- {"issue_text":"Did plaintiff prove that defendant removed electrical gadgets from her farm?","issue_type":"fact","dispositive":"yes","related_facts":"Alleged removal in October 2009, lack of eyewitness testimony"}
- {"issue_text":"Did plaintiff prove that defendant made undertakings to restore electricity supply?","issue_type":"fact","dispositive":"yes","related_facts":"Alleged four undertakings by various defendant employees"}
- {"issue_text":"Did plaintiff prove causation between defendant's conduct and her financial loss?","issue_type":"mixed","dispositive":"yes","related_facts":"Crop failure, lack of irrigation, expansion of planting"}
- {"issue_text":"Did plaintiff prove quantum of damages claimed?","issue_type":"fact","dispositive":"yes","related_facts":"US$500,000 actual loss, US$200,000 consequential loss claims"}
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background
Facts of the Case
Background
Plaintiff claimed defendant's employees unlawfully removed electrical gadgets from her farm in October 2009, causing loss of electricity supply. Based on alleged undertakings to restore power, she expanded her crop planting but could not irrigate due to lack of electricity, resulting in crop failure. She claimed US$500,000 for actual loss and US$200,000 for consequential loss.
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