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A Harare man is suing a neighbour for US$9 000 for damages to property incurred after trees fell in his yard during a violent storm early this year, a magistrate court heard. Paul Casselman of Borrowdale, who has since reduced his claim to US$4 400 alleges that eight trees which fell from one Dr N M Chimedza’s yard damaged his Mercedes Benz, main house, sun lounge, power lines and a garage.
In addition to this, Casselman, was also forced to revoke costs filed for the damaged boundary wall, which he had erroneously claimed that it belonged to him and costs for the Mercedes Benz which were covered by his insurance.
Dr Chimedza said he was not liable for the damages as this was caused by an “unforeseen act of God.”
“Of course, an act of God cannot be avoided but in this case the damage could have been avoided had Dr Chimedza heeded our calls for him to cut down the trees to avert the danger they posed to Zesa power lines and my property,” Casselman said.
Dr Chimedza, through his lawyer, denied that he was alerted by Zesa regarding the danger the trees posed and said that their fall was due to an unusual occurrence for which he was not accountable. “Early in the evening we heard the sound of breaking glass and saw eight of the trees falling down towards my property. The trees took power lines down and we had a blackout,” Casselman said.
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