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Harare High Court
Bruno Enterprises (Pvt) Ltd (Under Judicial Management) v Tenke Fungurume Mining S.A.R.L.
HH 390-21
Case Details
Court
Harare High Court
Date
29 July 2021
Citation
HH 390-21
Neutral Citation
[2021] ZWHH 390
Outcome
unknown
Case Type
Application
Bench
Presiding
Tagu J
Full Bench
Tagu J
Areas of Law
Delictual liabilityVicarious liabilityCivil procedure
Keywords
Truck destructionDuty of carePrima facie caseAbsolution from instance
Tags
DelictVicarious liabilityDamagesPrescription
legislation
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ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether plaintiff has established a prima facie case warranting defendant to be put on defence","issue_type":"procedural","dispositive":"yes","related_facts":"All evidence led by plaintiff"}
- {"issue_text":"Whether plaintiff's claim has prescribed","issue_type":"procedural","dispositive":"no","related_facts":"Date of incident (2010) and date of summons"}
- {"issue_text":"Whether defendant owed duty of care to plaintiff","issue_type":"mixed","dispositive":"no","related_facts":"Control of premises through boom gate, relationship between parties"}
- {"issue_text":"Whether defendant is vicariously liable for employees' conduct","issue_type":"law","dispositive":"no","related_facts":"Attackers wore defendant's uniforms, defendant's control of premises"}
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background
Facts of the Case
Background
Plaintiff's two haulage trucks were destroyed by fire on defendant's mine premises in DRC in 2010. Plaintiff claims defendant's employees wearing company uniforms burnt the trucks and sues for US$6,098,400 in damages. Defendant denies liability and applies for absolution.
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