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Harare High Court

Mazvita Banga (Represented herein by her guardian) and Charles Banga and Tanaka Banga (Represented herein by her guardian) Charles Banga and Tsungirai Banga v Air Zimbabwe (Private) Limited

HH 381-17

Case Details

Court
Harare High Court
Date
21 June 2017
Citation
HH 381-17
Neutral Citation
[2017] ZWHH 381
Outcome
unknown
Case Type
Trial

Bench

Presiding
Matanda-Moyo J
Full Bench
Matanda-Moyo J
Areas of Law
Aviation lawInternational carriage by airContract law
Keywords
Warsaw Conventionpsychological traumabodily injuryinternational carriageair travel
Tags
aviation lawinternational carriageWarsaw Convention
legislation
Statutes Cited
  • Convention for the Unification of Certain Rules relating to International Carriage by Air (Warsaw Convention)
  • Carriage by Air Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the Warsaw Convention provides the exclusive remedy to claims arising from carriage by air","issue_type":"law","dispositive":"yes","related_facts":"International carriage from Harare to Johannesburg, claims for psychological trauma"}
  • {"issue_text":"Whether psychological injury without physical manifestation is recoverable under Article 17 of the Warsaw Convention","issue_type":"law","dispositive":"yes","related_facts":"Plaintiffs claimed psychological trauma without alleging physical injury"}
This summary was generated by AI. Use Zalari to read the full judgment.
background
Facts of the Case

Background

Minor plaintiffs travelled on defendant's airline to South Africa. Their parents alleged a contract for special care and assistance throughout the journey. Plaintiffs claimed defendant breached this contract, causing psychological trauma. They claimed $75,000 for minors and $100,000 for parents. Defendant excepted, arguing Warsaw Convention governs exclusively and psychological injury is not recoverable.
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