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Harare High Court

Linah Ncube v Wankie Colliery Company

HH 8-2007

Case Details

Court
Harare High Court
Date
23 February 2007
Citation
HH 8-2007
Neutral Citation
[2007] ZWHH 8
Outcome
unknown
Case Type
Trial

Bench

Presiding
CHATUKUTA J
Full Bench
CHATUKUTA J
Areas of Law
DelictWorkers Compensation Law
Keywords
loss of supportvicarious liabilityNational Social Security Authorityworkers compensationdependant
Tags
loss of supportvicarious liabilityworkers compensation
legislation
Statutes Cited
  • National Social Security Authority Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether plaintiff had cause of action against defendant under workers compensation scheme","issue_type":"law","dispositive":"yes","related_facts":"Plaintiff received compensation under scheme; deceased died in course of employment"}
  • {"issue_text":"Whether plaintiff was wholly dependent on deceased and whether deceased had legal obligation to maintain plaintiff","issue_type":"mixed","dispositive":"yes","related_facts":"Plaintiff never employed; maintained by deceased after husband's death"}
  • {"issue_text":"Whether 2nd defendant drove negligently and whether 1st defendant vicariously liable","issue_type":"mixed","dispositive":"no","related_facts":"2nd defendant convicted of culpable homicide; driving company vehicle"}
  • {"issue_text":"Whether plaintiff proved quantum of damages","issue_type":"procedural","dispositive":"no","related_facts":"Plaintiff claimed $1.5 billion without specific calculation"}
This summary was generated by AI. Use Zalari to read the full judgment.
background
Facts of the Case

Background

The plaintiff, mother of deceased employee Bushe Nyaze who died in a car accident while being driven home by co-employee Smart Chuma, claimed damages for loss of support against Wankie Colliery Company. The deceased died in course of employment. Plaintiff had received workers compensation benefits under the company scheme.
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