HB 055-18 NDABEZINHLE MAZIBUKO versus BROADWAY SPAR EXPRESS

NDABEZINHLE MAZIBUKO

versus

BROADWAY SPAR EXPRESS

 

 

HIGH COURT OF ZIMBABWE

MOYO J

BULAWAYO 3 OCTOBER 2017 AND 15 MARCH 2018

 

 

Civil Trial

 

 

J Mugova for the plaintiff

C Dube-Banda with S Sihwa and D Abraham for the defendant

 

 

            MOYO J:       Plaintiff issued summons against the defendant in this matter claiming

(i)         Payment of the sum of $25000-00 being general damages for injuria, shock, trauma, and loss of expectation of life suffered by the plaintiff as a result of defendant’s gross negligence and wrongful breach of duty of care owed to plaintiff in selling to plaintiff a spar fruit juice beverage product containing a disgusting deleterious substance, which product was unsuspectingly consumed by plaintiff.

(ii)        Payment of interests a temporae morae on the sum of $25000-00 or any other sum that may be awarded by the court, at the prescribed rate of interest calculated from the date of issue of summons to date of full payment.

(iii)       costs of suit.

The facts of this matter are that plaintiff allegedly purchased fruit juice from the defendant supermarket.  One of them, it is alleged contained an unknown substance which is referred to by plaintiff as being deleterious and disgusting.  The box with the alleged substance was tendered in court.  The alleged substance is no longer per its original looks as per plaintiff’s own testimony. 

Plaintiff tendered photographs that allegedly depict the substance as it was at the material time.  However, the photos were enlarged per plaintiff’s own testimony and were therefore not original.

 

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