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Harare High Court
Sergio Tarwireyi v Samuel Mboneli Kunene and Fourway Haulage S.A. (Pty) Ltd
HH 19-2008
Case Details
Court
Harare High Court
Date
12 March 2008
Citation
HH 19-2008
Neutral Citation
[2008] ZWHH 19
Outcome
unknown
Case Type
Application
Bench
Presiding
Hungwe J
Full Bench
Hungwe J
Areas of Law
Delictual liabilityCivil procedureJurisdiction
Keywords
motor vehicle accidentdamagesjurisdictionprescriptionattachmentincolaperegrine
Tags
motor vehicle collisiondamagesjurisdictionprescription
legislation
Statutes Cited
- Prescription Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the court has jurisdiction over peregrine defendants","issue_type":"procedural","dispositive":"no","related_facts":"Plaintiff is incola, defendants are peregrine, attachment order issued"}
- {"issue_text":"Whether the claim has prescribed","issue_type":"procedural","dispositive":"no","related_facts":"Collision occurred 8 February 2004, summons issued April 2004, proceedings withdrawn 1 December 2006, fresh proceedings filed 30 November 2007"}
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background
Facts of the Case
Background
Plaintiff, an incola, sued defendants (both peregrine) for damages from a motor vehicle collision in Harare on 8 February 2004. Defendants raised special pleas of jurisdiction and prescription. Plaintiff had previously withdrawn similar proceedings in HC 4819/04 and filed fresh proceedings.
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