Teresah Mahanda v Handson Ngadya Mukoki

Key Issues

• {"issue_text":"Whether an employer-employee relationship existed between the defendant and Tawanda Madzimbamuto","issue_type":"fact","dispositive":"yes","related_facts":"Tawanda regularly drove defendant's vehicle; defendant instructed Tawanda to collect vehicle; Tawanda lived in same neighborhood as defendant"}
• {"issue_text":"Whether Tawanda was acting within the course and scope of his employment when the accident occurred","issue_type":"mixed","dispositive":"yes","related_facts":"Tawanda was transporting fee-paying passengers; accident occurred during normal operating hours; Tawanda was following defendant's instructions"}
• {"issue_text":"Whether the defendant is vicariously liable for Tawanda's negligence","issue_type":"law","dispositive":"yes","related_facts":"Employer-employee relationship established; Tawanda acted within scope of employment; negligence proven"}
• {"issue_text":"What is the appropriate quantum of damages","issue_type":"mixed","dispositive":"yes","related_facts":"Plaintiff sustained bilateral fractures; plaintiff lost employment; medical expenses incurred; permanent disability of 50%"}

Background