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Harare High Court
Patrick Matimba v Zimbabwe Platinum Mines (Private) Limited
HH 534-22
Case Details
Court
Harare High Court
Date
12 July 2022
Citation
HH 534-22
Neutral Citation
[2022] ZWHH 534
Outcome
unknown
Case Type
Special Plea
Bench
Presiding
MHURI J
Full Bench
MHURI J
Areas of Law
DelictCivil ProcedurePrescription
Keywords
prescriptionpersonal injuryworkplace accidentdamagescause of action
Tags
personal injuryprescriptiondamagesworkplace accident
legislation
Statutes Cited
- Prescription Act
- Prescription Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"When did the cause of action arise for purposes of prescription?","issue_type":"procedural","dispositive":"yes","related_facts":"Accident occurred in 2018, summons issued in 2022, MRI revealed injuries two days after accident"}
- {"issue_text":"Had the claim prescribed under section 15(d) of the Prescription Act?","issue_type":"procedural","dispositive":"yes","related_facts":"Three year period expired before summons issued"}
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background
Facts of the Case
Background
The plaintiff, an employee of the defendant mine, was injured in a workplace accident in 2018 when a rock fell on him. He claimed damages for pain and suffering. The defendant raised a special plea that the claim had prescribed as it was brought more than three years after the accident.
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