Calisto Mujera versus Javelin Trading (Pvt) Ltd and Casten Suwedi

Key Issues

• {"issue_text":"Whether or not the plaintiff was negligently injured by the second defendant","issue_type":"fact","dispositive":"yes","related_facts":"Second defendant fired without warning; plaintiff shot in back while exiting vehicle"}
• {"issue_text":"Whether or not the plaintiff was shot in the act of carrying out a theft from the first defendant","issue_type":"fact","dispositive":"yes","related_facts":"Plaintiff’s proximity to field; presence of maize cobs in vehicle; Agritex report"}
• {"issue_text":"Whether or not the defendants are jointly and severally liable for the injuries suffered by the plaintiff","issue_type":"mixed","dispositive":"yes","related_facts":"Employment relationship; vicarious liability; on-duty conduct"}
• {"issue_text":"Whether or not the defendants are jointly and severally liable to pay both special and general damages to the plaintiff, if so, the quantum thereof","issue_type":"mixed","dispositive":"yes","related_facts":"Medical reports, receipts, loss of earnings, credibility"}
• {"issue_text":"Costs and the scale thereof","issue_type":"procedural","dispositive":"no","related_facts":"Outcome of trial"}

Background