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KEAVNEY & ANOR v MSABAEKA BUS SERVICES (PVT) LTD 1996 (1) ZLR 605 (S)

1996 (1) ZLR p605

Citation

1996 (1) ZLR 605 (S)

Case No

Judgment No. S-80-96

Court

Supreme Court, Harare

Judge

Gubbay CJ, McNally JA & Muchechetere JA

Heard

16 May 1996

Judgment

30 May 1996

Counsel

A M Donagher, for the appellants
G S Wernberg, for the respondent

Case Type

Civil appeal

Annotations

Link to case annotations

Flynote

Practice and procedure — pleadings — purpose of — impropriety of raising defence that has not been pleaded

Evidence - res ipsa loquitur - motor accident caused when defendant's vehicle came onto its wrong side of the road — situation where doctrine applied — evidential onus resting on defendant — duty upon defendant to call expert evidence to support purely hypothetical suggestion that there had been sudden and unforeseeable failure of steering mechanism

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