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CHINGWARU & ANOR v COMMERCIAL UNION FIRE, MARINE & GENERAL INSURANCE CO LTD & ORS 2001 (1) ZLR 164 (H)

2001 (1) ZLR p164

Citation

2001 (1) ZLR 164 (H)

Case No

Judgment No. HH-46-01

Court

High Court, Harare

Judge

Chinhengo J

Heard

21 June 2000;22 June 2000; 30 June 2000; 8 March 2001

Judgment

14 March 2001

*

Counsel

D P Drury, for the plaintiffs

E Matinenga, for the defendants

Case Type

Civil Action

Annotations

No case annotations to date

Flynote

Damages —funeral expenses — assessment — need for moderation — relevance of sensibilities and customs of community and class of people concerned

Delict —negligence —sudden emergency —nature of enquiry raised by defence of sudden emergency —whether defence necessarily amounts to admission of negligence

Evidence —investigations by police —duty of police to collect all available evidence

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