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Bulawayo High Court

Lephat Zulu v National Railways of Zimbabwe

HB 70-20

Case Details

Court
Bulawayo High Court
Date
14 May 2020
Citation
HB 70-20
Neutral Citation
[2020] ZWHB 70
Outcome
unknown
Case Type
Application

Bench

Presiding
Takuva J
Full Bench
Takuva J
Areas of Law
Civil ProcedureDelictPrescription Law
Keywords
injury on dutyprescriptionworkers compensationdisability awardconcealed debt
Tags
workplace injuryprescriptionworkers compensationdisability claim
legislation
Statutes Cited
  • Prescription Act
  • Prescription Act
  • Prescription Act
  • Prescription Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether plaintiff's claim has prescribed in terms of the Prescription Act","issue_type":"procedural","dispositive":"yes","related_facts":"Debt became due in 2002, plaintiff only aware in 2016"}
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background
Facts of the Case

Background

Plaintiff, a former employee of National Railways of Zimbabwe, claimed payment for workplace injuries sustained in 1983. The defendant acknowledged liability in 2002 but allegedly concealed this from plaintiff until 2016. Defendant claimed prescription and that payment was made in 2002.
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