Isaac Madungwe and Others v King Lion Motorways (Pvt) Ltd t/a King Lion Coaches

[2022] ZWHMA 35

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Case Details

Court

Masvingo High Court

Date

5 May 2022

Citation

[2022] ZWHMA 35

Judgment No.

HMA 35/22

Outcome

unknown

Case Type

Trial

Bench

Presiding

WAMAMBO J

Full Bench

WAMAMBO J

Areas of Law

Delictual liabilityNegligenceRoad traffic accidents

Keywords

bus accidentnegligenceabsolution from the instanceprima facie case

Key Issues

{"issue_text":"Whether the plaintiffs have established a prima facie case of negligence against the defendant's driver","issue_type":"mixed","dispositive":"yes","related_facts":"Evidence of Boniface Chishiku, absence of police report, lack of speed evidence"}
{"issue_text":"Whether the application for absolution from the instance should be granted","issue_type":"procedural","dispositive":"yes","related_facts":"Plaintiffs closed their case without calling proposed witness"}

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Facts of the Case

Background

The plaintiffs, representing the estate of Tendai Madungwe who died in a bus accident, sued the defendant bus company for damages. The deceased died when a King Lion bus in which she was travelling was involved in an accident at the 257 kilometer peg along Harare Chirundu Road. The plaintiffs claimed funeral expenses, loss of valuables, and loss of support. The defendant applied for absolution from the instance arguing that the plaintiffs had failed to establish a prima facie case of negligence against the bus driver.

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