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Harare High Court
Constantine Mandengu and Miriam Tawuya Mandengu v Peter Mandava and Premier Service Medical Investment (Pvt) Ltd t/a Premier Service Westend Hospital
HH 692-25
Case Details
Court
Harare High Court
Date
3 November 2025
Citation
HH 692-25
Neutral Citation
[2025] ZWHH 692
Outcome
unknown
Case Type
Application
Bench
Presiding
Dube-Banda J
Full Bench
Dube-Banda J
Areas of Law
DelictMedical NegligenceCivil Procedure
Keywords
medical negligencerespiratory failureprescriptionexceptionconflation of claimscontract and delict
Tags
medical negligenceprofessional negligenceprescriptionexception
legislation
Statutes Cited
- High Court Rules, 2021
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the pleadings are vague and embarrassing for conflating contract and delict claims","issue_type":"procedural","dispositive":"yes","related_facts":"Plaintiffs pleaded both contractual breach and delictual negligence without alternative"}
- {"issue_text":"Whether the summons and declaration disclose a cause of action regarding the cause of respiratory failure","issue_type":"procedural","dispositive":"no","related_facts":"First defendant claimed not to know medical cause of respiratory failure"}
- {"issue_text":"Whether the claim has prescribed","issue_type":"procedural","dispositive":"no","related_facts":"Dispute over when cause of action arose"}
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background
Facts of the Case
Background
The plaintiffs sued the defendants for USD1,775,410.48 in damages arising from alleged gross negligence and breach of contractual duty by medical practitioners. The first defendant excepted on grounds of conflation between contract and delict claims and vagueness about the cause of respiratory failure, and pleaded prescription.
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