KOMICHI v TANNER & ANOR 2005 (2) ZLR 358 (H)

2005 (2) ZLR p358

Flynote

Damages — delictual — assessment of — damages consequent upon a traffic accident — vehicle treated as a write-off although it could have been repaired — damages sought upon basis of replacement costs — no evidence led by plaintiff as to the pre-accident value of the vehicle — erroneous approach as to damages — absolution from the instance granted

Damages — delictual — assessment of — date at which loss assessed — effect of inflation — whether plaintiff may claim damages based on true value of loss — interest rate — should reflect inflation rate

Damages — delictual — assessment of — principles — requires calculation of amount of money necessary to place plaintiff in the financial position he would have enjoyed but for the delict — plaintiff required to establish extent of estate before and diminution after the delict