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Harare High Court
Felix Mapfumo v Staysun Investments (Pvt) Ltd and CBZ Life Limited
HH 229-13
Case Details
Court
Harare High Court
Date
24 July 2013
Citation
HH 229-13
Neutral Citation
[2013] ZWHH 229
Outcome
unknown
Case Type
Application
Bench
Presiding
CHIGUMBA J
Full Bench
CHIGUMBA J
Areas of Law
Insurance LawContract LawCivil Procedure
Keywords
funeral policypremium deductionspolicy suspensiondamages assessmentmotion proceedings
Tags
funeral cash planinsurance premiumsbreach of contractdamages claim
legislation
Statutes Cited
- None cited
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether applicant is entitled to compensation of USD$5,000 from first respondent","issue_type":"mixed","dispositive":"yes","related_facts":"Policy suspension, wife's death, premium non-remittance"}
- {"issue_text":"Whether applicant proved first respondent caused loss of funeral cover","issue_type":"fact","dispositive":"no","related_facts":"Premium deductions, non-remittance, policy suspension"}
- {"issue_text":"Whether applicant ought to have mitigated his loss","issue_type":"law","dispositive":"no","related_facts":"Policy suspension but not lapse, ability to pay arrears"}
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background
Facts of the Case
Background
The applicant, a former employee of the first respondent, claimed damages after the first respondent failed to remit insurance premiums to the second respondent, resulting in suspension of his funeral cash plan policy. When his wife died, the policy had been suspended for non-payment of premiums.
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