Paul Gavaza v Bonface Shumba and Swift Debt Collection (Private) Limited t/a Ruby Auctions

Key Issues

• {"issue_text":"Whether the first defendant was negligent thereby resulting in the accident which damaged the plaintiff's vehicle","issue_type":"mixed","dispositive":"no","related_facts":"First defendant parked truck straddling road without warning devices at night"}
• {"issue_text":"Whether the first defendant was acting within the course and scope of his employment","issue_type":"law","dispositive":"no","related_facts":"First defendant was employee of second defendant driving company truck"}
• {"issue_text":"Whether the plaintiff is entitled to claim damages for the damaged car","issue_type":"law","dispositive":"no","related_facts":"Plaintiff's vehicle damaged in collision"}
• {"issue_text":"If so, how much is he entitled to considering the value of the car","issue_type":"fact","dispositive":"yes","related_facts":"Plaintiff failed to prove pre-accident value, post-accident value, or salvage value"}
• {"issue_text":"Whether the plaintiff's actions or omissions contributed at all to the accident","issue_type":"mixed","dispositive":"no","related_facts":"Plaintiff admitted seeing truck only 10 metres away, traveling at 50 km/h"}
• {"issue_text":"Whether the second defendant is entitled to the damages as claimed for the damage to the truck","issue_type":"mixed","dispositive":"no","related_facts":"Defendants counterclaimed for US$5,000 damage to truck"}

Background