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Harare High Court
David James Smith v Falcon College Trust t/a Quest Africa
HH 831-17
Case Details
Court
Harare High Court
Date
14 December 2017
Citation
HH 831-17
Neutral Citation
[2017] ZWHH 831
Outcome
unknown
Case Type
Trial
Bench
Presiding
Chiweshe JP
Full Bench
Chiweshe JP
Areas of Law
DelictContract LawCivil Procedure
Keywords
indemnity clausespecial pleapersonal injurynegligencecontract defence
Tags
negligenceindemnity clausespecial pleapersonal injury
legislation
Statutes Cited
- High Court Rules, 1971
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether a defence based on contractual indemnity clauses excluding negligence liability can be raised as a special plea","issue_type":"procedural","dispositive":"yes","related_facts":"The defendant filed a special plea relying on indemnity clauses"}
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background
Facts of the Case
Background
The plaintiff sued the defendant for damages for bodily injuries sustained during a life skills course offered by the defendant. The defendant raised a special plea based on indemnity clauses signed by the plaintiff, arguing these clauses excluded liability for negligence.
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