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an accident with the central bank’s bus three years ago in Rusape.
Mr Mupfumi, the director of Chinjekure Enterprises trading as Mupfumi Tours, is demanding US$200 000 to replace the bus and US$480 000 for loss of busine- ss.
In his summary of evidence, Mr Mupfumi averred that his bus was generating about US$20 000 per month but since the accident he lost income.
However, the RBZ represented by TH Chitapi and Associates denied all the allegations.
In the court application, Mr Mupfumi – through his lawyers Thondhlanga and Associates – submitted that on October 2, 2008, a commuter omnibus belonging to the RBZ driven by Taengwa Gukusho was involved in an accident with his AVM bus registration number AAS 0828.
Gukusho, a statistician at RBZ, who is cited as second respondent, was driving the unregistered minibus when the accident occurred at the 17km peg along the Harare-Mutare Road.
According to court papers, the accident was caused solely by the negligence of Gukusho who failed to keep a proper lookout when a collision was imminent.
“He failed to give precedence to plaintiff’s bus and as a result of the collision a fire erupted, which destroyed the plaintiff’s bus,” Mr Mupfumi’s lawyers submitted.
They submitted that police attended the scene of the accident and Gukusho was charged with culpable homicide and was convicted.
According to the court papers, Gukusho was sentenced to 18 months imprisonment of which 10 months were suspended. In addition, Gukusho’s licence was cancelled and he was also prohibited from driving for one year.
Mr Mupfumi further submitted that Gukusho was fully employed by RBZ and was on duty when the accident occurred.
“The Reserve Bank of Zimbabwe is liable for damages suffered by plaintiff (Mr Mupfumi) and should pay damages together with interests from date of summons,” he submitted.
According to pre-trial conference minutes, the presiding judge will look into issues of whether the accident was caused by the negligence of Mr Mupfumi’s driver or Gukusho.
Also to be considered is whether the RBZ is liable for damages and the replacement cost of the bus as well as what is the quantum of damages if any due to Mr Mupfumi’s loss of business.
The trial has been set for two days and five witnesses are expected to testify.
Online Reporter