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LEWIS v MUSHANGI & ANOR 1999 (1) ZLR 506 (H)

1999 (1) ZLR p506

Citation

1999 (1) ZLR 506 (H)

Case No

Judgment No. HB-41-99

Court

High Court, Bulawayo

Judge

Malaba J

Heard

11 February 1999; 12 February 1999

Judgment

10 June 1999

Counsel

J James, for the plaintiff
P Ncube, for the defendants

Case Type

Civil action

Annotations

Link to case annotations

Flynote

Practice and procedure — pleadings — failure to plead matter — claim for negligence arising out of motor accident — defendant's plea completely denying negligence and alleging that accident due to plaintiff's negligence — whether court entitled at trial to consider question of contributory negligence

Damages — apportionment — allegation that damage partly caused by fault of plaintiff — meaning — negligent act or omission of plaintiff must contributed causally to damage suffered

Delict — negligence — sudden emergency — duties of driver — car ahead stopping suddenly for no apparent reason

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