Council faces US$20 000 lawsuit

negligently leaving the hole open and failing to properly light the area.
The man claims he suffered a broken jaw, disfigurement, loss of sense of taste and smell and severe pain as a result of council’s “negligence”.
But council is opposing the claim on the basis that the hole in question (along Leopold Takawira) is always covered with a concrete lid and if it was truly open, then it could have been vandalised or removed by illegal vendors to hide their wares.
In the summons filed at the High Court by Mr Mukorera’s lawyers AR Chizikani Legal Practitioners, the accident occurred on July 3 last year at around 6pm.
Mr Mukorera (over 50 years old) was walking along Leopold Takawira Street when he fell into an uncovered hole.
He was seriously injured as a result of the accident. He sustained serious injuries and disfigurement.
He suffered impairment in the use of his body parts. The function of his sense of smell was disturbed and he incurred medical expenses.
“The plaintiff sustained a broken jaw, which called for fixation leaving the possibility of permanent injury. His facial appearance was disfigured due to the fall and treatment.
“He lost his ability to consume hard meats and foods and his senses of taste and smell have been significantly impaired,” the papers read.
Mr Mukorera is claiming US$9 000 for injuries, pain and suffering. For permanent disfigurement, he is claiming US$8 000 while US$2 000 is to compensate for impairment.
Contingent medical bills were pegged at US$1 000.
Meanwhile, Harare City Council that was barred from defending the matter for not filing opposing papers in time has mounted an application for the removal of the bar.
Council argues that failure to file the appearance to defend without the required time-frame was not willful.
The municipality claims its clerk erroneously filed its opposing papers at the Magistrates’ Court instead of the High Court adding that council had a strong defence in the matter.
Harare town clerk Mr Tendai Mahachi deposed an affidavit defending the municipality.
“Catch pits are constructed to ensure a proper drainage system. At times concrete lids can be vandalised or removed by vendors who use them to hide wares from municipal police,” he said.
Mr Mahachi said there was a possibility that Mr Mukorera could have personally caused the accident due to his own negligence or could have been injured elsewhere.
“There is possibility that the respondent (Mr Mukorera) got injured elsewhere or through some other accident.
“It can only be through matter of evidence at a trial that respondent can prove that it was in fact the storm water hole that caused his injuries.
“Mr Mukorera suspiciously failed to report the alleged accident either to the police or to council. From July 3 to September 1 2011, council was not aware of the said accident.
“Council wants to be allowed to file their defence and contest the claim,” said Mr Mahachi.
The High Court is yet to determine whether the matter should be heard unopposed or to refer it to trial as an opposed matter.