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Harare High Court
Precious Mazvita Kanengoni v Minister of Justice, Legal and Parliamentary Affairs & 2 Ors
HH 156-18
Case Details
Court
Harare High Court
Date
21 March 2018
Citation
HH 156-18
Neutral Citation
[2018] ZWHH 156
Outcome
unknown
Case Type
Trial
Bench
Presiding
Munangati-Manongwa J
Full Bench
Munangati-Manongwa J
Areas of Law
Delictual liabilityConstitutional lawMedical negligence
Keywords
prison deathasthmamedical negligenceloss of supportconstitutional rights of prisoners
Tags
negligencevicarious liabilityprison medical careconstitutional rights
legislation
Statutes Cited
- Constitution of Zimbabwe Amendment (No. 20) Act 2013
- Constitution of Zimbabwe Amendment (No. 20) Act 2013
- Constitution of Zimbabwe Amendment (No. 20) Act 2013
- Constitution of Zimbabwe Amendment (No. 20) Act 2013
- Constitution of Zimbabwe Amendment (No. 20) Act 2013
- Constitution of Zimbabwe Amendment (No. 20) Act 2013
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the death of the deceased was attributable to the negligence of the defendants","issue_type":"mixed","dispositive":"yes","related_facts":"Failure to take patient to hospital, inadequate medical examination, expired medication"}
- {"issue_text":"Whether the defendants are liable to the plaintiff in damages as claimed","issue_type":"law","dispositive":"yes","related_facts":"Vicarious liability, quantum of damages"}
This summary was generated by AI. Use Zalari to read the full judgment.
background
Facts of the Case
Background
The plaintiff, surviving spouse of Andrew Kamba who died in Rusape Remand Prison from an asthma attack, claimed damages against prison authorities for negligence in failing to provide adequate medical care. The deceased, a known asthmatic, died after prison officials failed to take him to hospital despite repeated distress calls from cellmates throughout the night.
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