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DELTA BEVERAGES v RUTSITO 2013 (2) ZLR 298 (S)

2013 (2) ZLR p298

Citation

2013 (2) ZLR 298 (S)

Case No

Judgment No. S-42-13

Court

Supreme Court, Harare

Judge

Ziyambi JA, Garwe JA & Omerjee AJA

Heard

24 September 2012; CAV

Judgment

26 September 2013

Counsel

T Mpofu, for the appellant
B Pesanai, for the respondent

Case Type

Civil appeal

Annotations

Link to case annotations

Flynote

Delictactio legis Aquilia – negligence – harm giving rise to claim for damages – limits to forms of harm giving rise to damages – mental distress – need for plaintiff to have suffered recognised psychiatric complaint requiring treatment – duty of care – when duty of care exists – need to show that harm was reasonably foreseeable and that a reasonable person would have guarded against such harm – claim – need to allege negligence and set out particulars

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