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Harare High Court
Monica Komichi v David Edwin Tanner
HH 104-2005
Case Details
Court
Harare High Court
Date
23 November 2005
Citation
HH 104-2005
Neutral Citation
[2005] ZWHH 104
Outcome
unknown
Case Type
Trial
Bench
Presiding
Makarau J
Full Bench
Makarau J
Areas of Law
DelictDamagesMotor vehicle accident
Keywords
negligencedamagesdiminution in valuecurrency nominalisminflation
Tags
motor vehicle accidentdamagesnegligenceinsurance
legislation
Statutes Cited
- Prescribed Rate of Interest Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"What is the correct measure of damages for a damaged motor vehicle where the plaintiff claims replacement value?","issue_type":"mixed","dispositive":"yes","related_facts":"Vehicle could have been repaired; plaintiff claimed replacement value instead of repair costs"}
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background
Facts of the Case
Background
The plaintiff's vehicle was damaged in an accident caused solely by the first defendant's negligence. The vehicle was declared a write-off by insurers who paid out the insured value. The plaintiff claimed replacement value rather than repair costs as her measure of damages.
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