Mike Belinsky v Tonderayi Chipere

[2013] ZWHH 173

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Case Details

Court

Harare High Court

Date

5 June 2013

Citation

[2013] ZWHH 173

Judgment No.

HH 173-13

Outcome

unknown

Case Type

Trial

Bench

Presiding

Hungwe J

Full Bench

Hungwe J

Areas of Law

DelictMotor vehicle accidentVicarious liability

Keywords

road traffic accidentcommuter omnibusunauthorized driverfrolic of his ownvicarious liability

Key Issues

{"issue_text":"Whether defendant is vicariously liable for negligence of omnibus driver","issue_type":"law","dispositive":"yes","related_facts":"Driver suddenly swerved into plaintiff's lane; police established driver was at fault; defendant claims driver was unauthorized"}
{"issue_text":"Whether driver was acting within scope of employment or on frolic of his own","issue_type":"mixed","dispositive":"yes","related_facts":"Defendant claims driver was unauthorized; no report made to police; defendant failed to produce alleged unauthorized driver"}

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background

Facts of the Case

Background

Plaintiff's Jeep was struck by defendant's commuter omnibus when the omnibus driver suddenly swerved into plaintiff's lane. Both parties agreed damages were US$3,550. The sole issue was liability - defendant claimed the driver was unauthorized and on a frolic of his own.

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