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TACHIONA & ANOR v RAILWAYS OF ZIMBABWE 2010 (2) ZLR 140 (H)

2010 (2) ZLR p140

Citation

2010 (2) ZLR 140 (H)

Case No

Judgment No. HB-61-10

Court

High Court, Bulawayo

Judge

Ndou J

Heard

2 June 2008

Judgment

15 July 2010

Counsel

B Ndove, for the plaintiffs
T Sibanda, for the defendant

Case Type

Stated case

Annotations

No case annotations to date

Flynote

Carrier - liability - carriage by land - goods lost through gross negligence of carrier or through theft by its employees - carrier's liability - extent to which carrier may exempt itself from liability

Contract - carriage - clause limiting carrier's liability - need to bring such clause to other party's attention - effect of failure to do so adequately

Contract - carriage - when a consumer contract - unfair contract - carrier limiting amount of compensation to a sum based on weight of item carried - contact expressed in language not readily understood by other party - contract referring to another document - information being conveyed in vague and uninformative fashion

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