CARGO CARRIERS (PVT) LTD & ANOR v NETTLEFOLD & ANOR 1991 (2) ZLR 139 (S)

1991 (2) ZLR p139

Flynote

Appeal — costs — when special order awarded — consequences of extravagant claims in notice of appeal.

Costs — appeal — when special order made.

Damages — mitigation — quantum increased as result of plaintiff's delay in authorizing repairs — nature of onus on defendant in such situation — how discharged — circumstances in which plaintiff may claim increased amount despite delay — plaintiff's duty not to aggravate damages by own wanton or careless conduct — if, in attempt to mitigate, plaintiff actually aggravates the damages, the greater amount may still be recovered if plaintiff acted reasonably.

Negligence — contributory negligence — minimum assessment normally 10% — court may have regard to contributory negligence even if not pleaded — driver — duty when dazzled — standard of care required.