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Supreme Court
Nyashadzaishe Ruth Sai v Medical Investments Limited t/a Avenues Clinic
[2020] ZWSC 156
Case Details
Court
Supreme Court
Date
31 December 2020
Citation
[2020] ZWSC 156
Judgment No.
SC 156/20
Outcome
unknown
Case Type
Appeal
Bench
Presiding
GOWORA JA
Full Bench
GOWORA JAGUVAVA JAMAVANGIRA JA
Areas of Law
DelictMedical negligenceCivil procedure
Keywords
miscarriagehospitalnegligenceabsolution from the instanceprima facie casebreach of contract
Tags
medical negligencemiscarriagehospital liabilityabsolution from the instance
legislation
Statutes Cited
- Criminal Justice Act 2003
- Human Rights Act 1998
- European Convention on Human Rights (ECHR)
- Prison Act 1952
- Parole Board Rules 2004
- Crime (Sentences) Act 1997
- Criminal Justice and Court Services Act 2000
- Criminal Justice Act 1991
- Powers of Criminal Courts (Sentencing) Act 2000
- Legal Aid, Sentencing and Punishment of Offenders Act 2012
- Constitutional Reform Act 2005
- Tribunals, Courts and Enforcement Act 2007
- Immigration Act 1971
- Nationality, Immigration and Asylum Act 2002
- Asylum and Immigration (Treatment of Claimants, etc.) Act 2004
- Immigration, Asylum and Nationality Act 2006
- UK Borders Act 2007
- Immigration Act 2014
- Immigration Act 2016
- British Nationality Act 1981
- British Overseas Territories Act 2002
- British Nationality (Falkland Islands) Act 1983
- British Nationality (Hong Kong) Act 1990
- British Nationality (Hong Kong) Act 1997
- British Nationality (Hong Kong) Act 1990 (Overseas Territories) Order 2002
- British Nationality (Hong Kong) Act 1990 (Overseas Territories) Order 2002 (Amendment) Order 2003
- British Nationality (Hong Kong) Act 1990 (Overseas Territories) Order 2002 (Amendment) (No 2) Order 2003
- British Nationality (Hong Kong) Act 1990 (Overseas Territories) Order 2002 (Amendment) Order 2004
- British Nationality (Hong Kong) Act 1990 (Overseas Territories) Order 2002 (Amendment) (No 2) Order 2004
- British Nationality (Hong Kong) Act 1990 (Overseas Territories) Order 2002 (Amendment) Order 2005
- British Nationality (Hong Kong) Act 1990 (Overseas Territories) Order 2002 (Amendment) (No 2) Order 2005
- British Nationality (Hong Kong) Act 1990 (Overseas Territories) Order 2002 (Amendment) Order 2006
- British Nationality (Hong Kong) Act 1990 (Overseas Territories) Order 2002 (Amendment) (No 2) Order 2006
- British Nationality (Hong Kong) Act 1990 (Overseas Territories) Order 2002 (Amendment) Order 2007
- British Nationality (Hong Kong) Act 1990 (Overseas Territories) Order 2002 (Amendment) (No 2) Order 2007
- British Nationality (Hong Kong) Act 1990 (Overseas Territories) Order 2002 (Amendment) Order 2008
- British Nationality (Hong Kong) Act 1990 (Overseas Territories) Order 2002 (Amendment) (No 2) Order 2008
- British Nationality (Hong Kong) Act 1990 (Overseas Territories) Order 2002 (Amendment) Order 2009
- British Nationality (Hong Kong) Act 1990 (Overseas Territories) Order 2002 (Amendment) (No 2) Order 2009
- British Nationality (Hong Kong) Act 1990 (Overseas Territories) Order 2002 (Amendment) Order 2010
- British Nationality (Hong Kong) Act 1990 (Overseas Territories) Order 2002 (Amendment) (No 2) Order 2010
- British Nationality (Hong Kong) Act 1990 (Overseas Territories) Order 2002 (Amendment) Order 2011
- British Nationality (Hong Kong) Act 1990 (Overseas Territories) Order 2002 (Amendment) (No 2) Order 2011
- British Nationality (Hong Kong) Act 1990 (Overseas Territories) Order 2002 (Amendment) Order 2012
- British Nationality (Hong Kong) Act 1990 (Overseas Territories) Order 2002 (Amendment) (No 2) Order 2012
- British Nationality (Hong Kong) Act 1990 (Overseas Territories) Order 2002 (Amendment) Order 2013
- British Nationality (Hong Kong) Act 1990 (Overseas Territories) Order 2002 (Amendment) (No 2) Order 2013
- British Nationality (Hong Kong) Act 1990 (Overseas Territories) Order 2002 (Amendment) Order 2014
- British Nationality (Hong Kong) Act 1990 (Overseas Territories) Order 2002 (Amendment) (No 2) Order 2014
- British Nationality (Hong Kong) Act 1990 (Overseas Territories) Order 2002 (Amendment) Order 2015
- British Nationality (Hong Kong) Act 1990 (Overseas Territories) Order 2002 (Amendment) (No 2) Order 2015
- British Nationality (Hong Kong) Act 1990 (Overseas Territories) Order 2002 (Amendment) Order 2016
- British Nationality (Hong Kong) Act 1990 (Overseas Territories) Order 2002 (Amendment) (No 2) Order 2016
- British Nationality (Hong Kong) Act 1990 (Overseas Territories) Order 2002 (Amendment) Order 2017
- British Nationality (Hong Kong) Act 1990 (Overseas Territories) Order 2002 (Amendment) (No 2) Order 2017
- British Nationality (Hong Kong) Act 1990 (Overseas Territories) Order 2002 (Amendment) Order 2018
- British Nationality (Hong Kong) Act 1990 (Overseas Territories) Order 2002 (Amendment) (No 2) Order 2018
- British Nationality (Hong Kong) Act 1990 (Overseas Territories) Order 2002 (Amendment) Order 2019
- British Nationality (Hong Kong) Act 1990 (Overseas Territories) Order 2002 (Amendment) (No 2) Order 2019
- British Nationality (Hong Kong) Act 1990 (Overseas Territories) Order 2002 (Amendment) Order 2020
- British Nationality (Hong Kong) Act 1990 (Overseas Territories) Order 2002 (Amendment) (No 2) Order 2020
- British Nationality (Hong Kong) Act 1990 (Overseas Territories) Order 2002 (Amendment) Order 2021
- British Nationality (Hong Kong) Act 1990 (Overseas Territories) Order 2002 (Amendment) (No 2) Order 2021
- British Nationality (Hong Kong) Act 1990 (Overseas Territories) Order 2002 (Amendment) Order 2022
- British Nationality (Hong Kong) Act 1990 (Overseas Territories) Order 2002 (Amendment) (No 2) Order 2022
- British Nationality (Hong Kong) Act 1990 (Overseas Territories) Order 2002 (Amendment) Order 2023
- British Nationality (Hong Kong) Act 1990 (Overseas Territories) Order 2002 (Amendment) (No 2) Order 2023
- British Nationality (Hong Kong) Act 1990 (Overseas Territories) Order 2002 (Amendment) Order 2024
- British Nationality (Hong Kong) Act 1990 (Overseas Territories) Order 2002 (Amendment) (No 2) Order 2024
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the appellant established a prima facie case in contract and/or negligence entitling her to payment of damages","issue_type":"mixed","dispositive":"yes","related_facts":"All material facts regarding hospital care, medical condition, and causation"}
- {"issue_text":"Whether the court a quo erred in granting absolution from the instance","issue_type":"procedural","dispositive":"yes","related_facts":"Evidence presented at close of plaintiff's case"}
This summary was generated by AI. Use Zalari to read the full judgment.
background
Facts of the Case
Background
The appellant was admitted to Avenues Clinic while 20 weeks pregnant and experiencing pregnancy complications. She suffered a miscarriage three days later and sued the hospital for breach of contract and negligence, alleging failure to provide reasonable care. The High Court granted absolution from the instance at the close of her case.
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