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Harare High Court
Francis Motsi t/a Chabvuta Holdings versus Farm and City Holdings (Pvt) Ltd and Gladmore Chinyere and Nicoz Diamond Insurance Limited
HH 751-18
Case Details
Court
Harare High Court
Date
14 November 2018
Citation
HH 751-18
Neutral Citation
[2018] ZWHH 751
Outcome
unknown
Case Type
Trial
Bench
Presiding
CHIKOWERO J
Full Bench
CHIKOWERO J
Areas of Law
DelictInsurance LawMotor Vehicle Accident Claims
Keywords
Motor vehicle accidentVicarious liabilityInsurance coverageLoss of business incomeThird party insuranceQuantum of damages
Tags
Motor vehicle accidentVicarious liabilityInsurance coverageLoss of income damages
legislation
Statutes Cited
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ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether 1st defendant's insurance contract with 3rd defendant covered indemnity for loss of business for third parties","issue_type":"law","dispositive":"yes","related_facts":"Insurance policy terms, third party coverage"}
- {"issue_text":"What is the quantum of damages payable to plaintiff","issue_type":"fact","dispositive":"yes","related_facts":"Loss of income calculation, repair period, daily earnings"}
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background
Facts of the Case
Background
On February 2, 2011, a motor vehicle accident occurred at Mbare street near Mutare rank, Harare between plaintiff's bus (registration ABB 4781) and first defendant's lorry (registration AAD 8515) driven by second defendant in the course of employment. Plaintiff claimed US$21,033.00 for loss of income during 57 days of repairs. Third defendant was the insurer of first defendant but was improperly joined to the proceedings.
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