Couple loses pothole suit

Chief Court Reporter
A couple ’s bid to claim compensation following the loss of their commuter omnibus after it hit a pothole and overturned, failed when the High Court absolved the local authority from claims sought against it.

Primrose and Samuel Kamvura, who are into public transport business, had sued City of Harare in the High Court for financial loss and replacement of their kombi.

The couple claimed $11 000 in damages for the loss of the vehicle and the replacement cost/value, and $54 960 in damages for financial loss plus costs of suit.

But Justice Esther Muremba absolved council from all the claims. She ruled that the kombi driver Bigboy Manyenyeni contributed to the accident.

Manyenyeni, she said, was driving at an excessive speed under the circumstances.

“In the result . . . the defendant is granted absolution from the instance in respect of both the claim for financial loss and claim for the replacement value of the damaged motor vehicle,” ruled Justice Muremba.

The civil trial came after the parties failed to reach a settlement during a pre-trial conference.

This resulted in two issues being referred to trial.

The court was asked to decide whether there was no contributory negligence by the couple’s driver.

Another issue for determination was the quantum of damages payable by the defendant.