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Case Details
Court
Supreme Court
Date
16 October 2018
Citation
SC 86/22
Neutral Citation
[2022] ZWSC 86
Outcome
unknown
Case Type
Appeal
Bench
Presiding
MAKONI JA
Full Bench
GOWORA JAMAKONI JABERE JA
Areas of Law
Delictual LiabilityNegligenceDamages
Keywords
catch pituncovered drainagecontributory negligenceapportionment of damageslocal authority duty of care
Tags
negligencecontributory negligencedamageslocal authority liability
legislation
Statutes Cited
- Damages (Apportionment and Assessment) Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the court a quo erred in finding no contributory negligence by respondent","issue_type":"mixed","dispositive":"yes","related_facts":"Respondent ran in dark area, waved down omnibus at undesignated spot"}
- {"issue_text":"Whether damages should be apportioned under s 4 of Damages (Apportionment and Assessment) Act","issue_type":"law","dispositive":"yes","related_facts":"Alleged negligence by both parties contributed to accident"}
- {"issue_text":"Whether court a quo erred in ordering appellant to pay costs","issue_type":"procedural","dispositive":"no","related_facts":"Respondent made high initial damages claim"}
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background
Facts of the Case
Background
The respondent fell into an uncovered catch pit belonging to the appellant City of Harare on 28 March 2014, sustaining a broken leg and permanent disability. He claimed damages for negligence. The High Court found the City liable and awarded damages. The City appealed, arguing the respondent was contributorily negligent and damages should be apportioned.
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