Tizai Chiswanda (In his capacity as father and guardian of Chidochashe Chiswanda) v OK Zimbabwe Limited

Key Issues

• {"issue_text":"Whether the plaintiff established a prima facie case that the defendant's negligence caused the shelf to collapse and injure the child","issue_type":"mixed","dispositive":"yes","related_facts":"The collapse of the shelf, the injuries sustained, the lack of witness to the cause, the defendant's alleged failure to maintain the shelf"}
• {"issue_text":"Whether the defendant owed a duty of care to the plaintiff and the child","issue_type":"law","dispositive":"no (assumed in context)","related_facts":"The child was a customer in the defendant's shop"}
• {"issue_text":"Whether the child's unsupervised state or potential climbing constitutes contributory negligence","issue_type":"fact","dispositive":"yes","related_facts":"The parents lost sight of the child, the child was five years old"}

Background