Aaron Nyarugwe v Dharwizi Transport (Private) Limited

Key Issues

• {"issue_text":"Whether the accused caused the death of the deceased with constructive intent (murder).","issue_type":"fact","dispositive":"yes","related_facts":"The attack on the deceased, the use of a machete, the flight from the scene, the cause of death."}
• {"issue_text":"Whether the accused's defence that he was a bystander/victim and not a perpetrator is credible.","issue_type":"fact","dispositive":"yes","related_facts":"The accused's claim of falling into a pit, the testimony of the eyewitness Calton, the accused's flight."}
• {"issue_text":"Whether there was a novus actus interveniens (medical negligence or subsequent injury) that broke the chain of causation between the assault and the death.","issue_type":"fact","dispositive":"no","related_facts":"The deceased's discharge from hospital, his re-admission, the doctor's evidence."}

Background