Zimbabwe United Passenger Company Ltd v Christian Van Wyk

HH 72-18

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Case Details

Court

Harare High Court

Date

14 February 2018

Citation

HH 72-18

Neutral Citation

[2018] ZWHH 72

Outcome

unknown

Case Type

Trial

Bench

Presiding

Musakwa J

Full Bench

Musakwa J

Areas of Law

Delictual LawLaw of Damages

Keywords

collisiontractorbusemployer liabilityadmission of guilt

Key Issues

{"issue_text":"Whether the defendant is vicariously liable for the delict committed by his employee, Ndaba Jena.","issue_type":"law","dispositive":"yes","related_facts":"Scope of employment, deviation from instructions, post-accident conduct"}
{"issue_text":"Whether the plaintiff is entitled to damages of US$64,643.20.","issue_type":"law","dispositive":"yes","related_facts":"Landed cost of bus, salvage value, repair quotations"}

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background

Facts of the Case

Background

The plaintiff's bus collided with a tractor and trailer owned by the defendant's employee, Ndaba Jena, at 3:50 a.m. on 17 May 2014 near Shangani. The plaintiff claimed damages for the write-off of the bus, alleging vicarious liability, while the defendant argued the driver was on a "frolic of his own" and violated instructions not to drive on public roads or after sunset.

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