(1) TENDAI CHIVIZHE TAKARUWA (2) ELIZABETH ARTZINGER
SUPREME COURT OF ZIMBABWE
MALABA DCJ, ZIYAMBI JA & GOWORA JA
HARARE, JUNE 17 & DECEMBER 5, 2013
A Muchandiona, for the appellant
R H Goba, for the respondents
MALABA DCJ: This is an appeal against the judgment of the High Court dated 25 October 2012 by which a claim for damages amounting to US$36 475.00 in respect of injuries received in a car accident was dismissed with costs.
The facts of the case are these. On 12 February 2010 at about midnight the appellant was a passenger in a 25 seater minibus belonging to the second respondent and driven by the first respondent within the scope and course of his employment, from Beitbridge to Harare plying the Harare-Masvingo highway. At the 45km peg the minibus was involved in a collision with the rear right side of a trailer being pulled by a Malawian registered horse truck. As a result of the collision the minibus overturned and lay on its right side in the lane for on-coming traffic. The appellant, who had fallen asleep, woke up to find herself trapped under the back seat where she had been sitting. She sustained severe injuries to the right forearm in respect of which she later received treatment in the form of debridement and skin grafting.