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