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Bulawayo High Court
AUGUSTINE TANAYE DUBE v BARCLAYS BANK OF ZIMBABWE LTD STAFF PENSION FUND and FIRST CAPITAL BANK (FORMER BARCLAYS BANK OF ZIMBABWE LTD)
HB 244/23
Case Details
Court
Bulawayo High Court
Date
7 December 2023
Citation
HB 244/23
Neutral Citation
[2023] ZWHB 244
Outcome
unknown
Case Type
Trial
Bench
Presiding
MOYO J
Full Bench
MOYO J
Areas of Law
DelictPrescription
Keywords
slip and falldamagesprescriptionspecial plea
Tags
slip and fallprescriptionspecial plea
legislation
Statutes Cited
- Prescription Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether plaintiff's claim against 2nd defendant has prescribed under section 15(d) of Prescription Act","issue_type":"procedural","dispositive":"yes","related_facts":"Accident date 13 March 2019, summons issued 16 September 2022, letter of demand dated 15 March 2019"}
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background
Facts of the Case
Background
Plaintiff claimed damages for slip and fall accident on 13 March 2019. Second defendant raised special plea that claim prescribed as summons issued on 16 September 2022, more than 3 years after cause of action arose. Court found plaintiff knew identity of defendant from letter of demand dated 15 March 2019 served on 18 March 2019.
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