Online Reporter
Fidelis Munyoro
Chief Court Reporter
THE High Court has ordered Javelin Trading (Pvt) Ltd and its employee, Casten Suwedi, to pay Calisto Mujera US$48 920,66 in damages after a shooting incident that left Mujera paraplegic.
The judgment was delivered by Justice Gladys Mhuri last week, following a trial that began on March 20, 2025.
The incident occurred on April 26, 2020, at Gwebi South Farm, Nyabira, where Suwedi, employed as a security guard by Javelin Trading, shot Mujera.
Mujera claimed he was investigating suspicious activity near the farm when he was shot.
The defendants alleged that Mujera was stealing maize, but Mujera denied this, stating he was on the roadside when he was shot without warning.
Justice Mhuri ruled that Suwedi acted negligently. “A reasonable person exercising due care would have foreseen that aiming at the motor vehicle was likely to hit a person,” said Justice Mhuri.
The court found Suwedi’s testimony inconsistent and unreliable, while Mujera’s evidence was deemed credible.
Mujera provided evidence of the injuries he sustained, including shrapnel lodged in his spine, which caused permanent disability.
Medical reports confirmed that he lost lower-body function and required ongoing pain medication.
Mujera also claimed losses from medical expenses, transport costs, farming income, and general damages for pain and suffering.
The court rejected the defendants’ argument that Mujera’s criminal acquittal for theft did not preclude them from denying liability.
Justice Mhuri held that Suwedi’s employer, Javelin Trading, was vicariously liable for Suwedi’s actions, as he was acting within the scope of his employment.
Mujera’s claim for US$331 590 was reduced due to insufficient evidence for some of the claimed losses.
He was awarded US$33 920,66 in special damages and US$15 000 in general damages, including US$10 000 for pain and suffering and US$5 000 for loss of amenities.
The defendants were ordered to pay jointly and severally, with one paying and the other being absolved.
