adminMashudu Netsianda Senior Court Reporter
A PLUMTREE farmer and his wife are suing Mangwe MP Cde Obedingwa Mguni for more than $35,000, alleging he damaged their tractor in a road accident two years ago.
Zebediah Ngwenya and his wife Nothando, this week filed summons at the Bulawayo High Court citing Cde Mguni as the defendant.
According to the court papers, the accident occurred on November 9, 2013 along the Bulawayo-Plumtree Road. The couple is accusing Cde Mguni of negligently driving his car, a Ford Ranger, resulting in him ploughing into their tractor.
They are suing the legislator for $35,295.65 for damages on their tractor, medical expenses incurred and the injuries they sustained.
Summons filed by Ngwenya and his wife through their lawyers Chinawa Law Chambers read: “On or about November 9, 2013 along the Plumtree Road, defendant negligently drove his Ford Ranger and rammed into the moving tractor belonging to the plaintiffs who were on board. The collision was occasioned solely as a result of negligent driving by defendant who failed to either keep a proper lookout or apply brakes timeously.”
The Ngwenyas said they suffered damages in the sum of $3,117.65 to effect repairs on their tractor.
Ngwenya is demanding $15,000 for enduring pain and discomfort as a result of the accident impact and the pain inflicted during medical examination and surgical operations.
Ngwenya stated in the court papers that he was now 25 percent disabled as a result of the injuries sustained and he is demanding a total sum of $29, 606.50.
“As a result of the injuries first plaintiff (Zebediah) cannot use his whole body to work or do other duties a man of his nature usually did. The doctors have certified that as a result of the injuries, first plaintiff is now 25 percent disabled,” said the lawyers.
Ngwenya’s wife, who was admitted to the United Bulawayo Hospitals (UBH) with a fractured right arm, is demanding damages in the sum of $2,571 for loss of earning, pain and medical expenses.
The couple said they had to hire a person to tend their farm and look after the livestock.
According to the court papers, the couple is demanding that Cde Mguni pay a total of $35,295.65 and an interest of five percent calculated from the date of summons to the date of full and final payment.
“Wherefore plaintiffs pray for the amount of $35,295.65 being damages arising out of the defendant’s unlawful and negligent driving that caused injuries to the plaintiffs and damages to their tractor and cost of suit at attorney-client scale,” said the plaintiffs’ lawyers.
Cde Mguni has not yet filed a notice to enter an appearance to defend the summons.
He was in May last year convicted of a charge of negligent driving by a Bulawayo magistrate and fined $300 or three months in jail over the accident.
Online Reporter