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A CITY woman has won relief at the High Court where she was seeking compensation for the damage she suffered when she was mauled by a dog at a certain house in 2017.
Marie Micheal Modabbek’s initial plea was dismissed at the magistrate court which had highlighted that the owner of the dog was not known.
She said she wanted US$264 for medical expenses, US$10 000 for pain and suffering and US$4000 for loss of earnings.
However, Harare High Court Judges, Justice Amy Tsanga and Justice Fatima Maxwell, have sent back the case back to magistrates’ court for review and ruled that the dog actually belonged to Mavis Mbunga.
“The appellant (Marie) in this case seeks that this appeal court gives her the damages that she sought in the lower court.
“These were not proven because the lower court did not delve into the issue of damages once it erroneously arrived at the conclusion that ownership of the dog had not been proven.
“Therefore, with the court’s finding that the dog belongs to the respondent, the damages need to be proven and assessed,” said the judges.
Marie was bitten by a dog at Mavis’ house, sometime in 2017, when she had gone to look for a cottage to rent.
It is alleged that Marie was bitten on her forearms, right thigh, buttock, right shoulder, left breast and she was rushed to hospital and Mavis paid for the hospital bills.
However, when Mavis appeared before the courts she denied that the dog belonged to her despite the fact that she paid the hospital bills.
Through her lawyers, she told the court that the dog was a stray one.
Despite the court papers stating that when the dog was attacking Marie, Mavis’ child came with a chain to put on the dog, she denied being the owner of the dog.
When the case appeared before a magistrate, Marie was tasked to describe the dog but failed to do so.
She stated that she had seen it the previous day but could not concentrate on how the dog was like when she was being attacked.
Mathew Masinge
Online Reporter