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Harare High Court

Patricia Dengezi v Munyaradzi Nyamaruru & 4 Ors

HH 693-22

Case Details

Court
Harare High Court
Date
10 October 2022
Citation
HH 693-22
Neutral Citation
[2022] ZWHH 693
Outcome
unknown
Case Type
Application

Bench

Presiding
MAKOMO J
Full Bench
MAKOMO J
Areas of Law
Constitutional lawDelictInsurance lawCivil procedure
Keywords
constitutional referralsection 175(4) constitutionroad traffic actpolice actprescription periodinsurance limits
Tags
constitutional referralroad traffic accidentprescriptioninsurance limits
legislation
Statutes Cited
  • Constitution of Zimbabwe
  • Constitution of Zimbabwe
  • Constitution of Zimbabwe
  • Constitution of Zimbabwe
  • Road Traffic Act
  • Police Act
  • Prescription Act
  • State Liabilities Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether s 23(3)(b) and (c) of RTA limiting insurance payout infringes constitutional rights","issue_type":"constitutional","dispositive":"no","related_facts":"Applicant seeks damages exceeding statutory limit; she was pedestrian not passenger"}
  • {"issue_text":"Whether s 70 of Police Act setting 8-month prescription period is unconstitutional","issue_type":"constitutional","dispositive":"yes","related_facts":"Applicant's claim prescribed after 8 months; she was hospitalized during part of period"}
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background
Facts of the Case

Background

On 17 April 2017, the applicant, a vendor, and her one-year-old son were at her vending site when a commuter omnibus veered off the road, injuring her and killing her son instantly. The vehicle was evading police officers. The applicant instituted proceedings on 9 April 2018 seeking US$510,000 in damages. She faced a prescription plea under s 70 of the Police Act and a tender of ZWL$2000 under s 23(3) of the Road Traffic Act.
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