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Harare High Court
Dururu Transport (Private) Limited v Michelle Rutendo Mutamuko (Executrix Testamentary in the Estate of Tatenda Calvin Mutamuko) and Premier Banking Corporation Limited
HH 95-2011
Case Details
Court
Harare High Court
Date
31 May 2011
Citation
HH 95-2011
Neutral Citation
[2011] ZWHH 95
Outcome
unknown
Case Type
Trial
Bench
Presiding
Patel J
Full Bench
Patel J
Areas of Law
DelictMotor vehicle accidentNegligence
Keywords
motor vehicle collisionnegligencecontributory negligenceres ipsa loquiturquantum of damages
Tags
motor vehicle collisionnegligencedamagesquantum
legislation
Statutes Cited
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ai analysis
Case Summary
Key Issues
- {"issue_text":"Which driver caused the motor vehicle collision","issue_type":"fact","dispositive":"yes","related_facts":"Physical evidence of collision, position of vehicles after impact, speed of vehicles"}
- {"issue_text":"Whether plaintiff established case on balance of probabilities","issue_type":"mixed","dispositive":"yes","related_facts":"Inconclusive forensic evidence, deficient police investigation"}
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background
Facts of the Case
Background
The plaintiff's truck collided with a vehicle driven by the deceased husband of the first defendant on 20 July 2009. The plaintiff claimed damages for the loss of its vehicle, loss of income, and damaged goods. The claim against the second defendant was withdrawn when it emerged the deceased was not acting in the course of his employment.
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