A BULAWAYO man has lost a $40 000 lawsuit against the
Postal and Telecommunications Regulatory Authority of Zimbabwe (Potraz) which
he was suing after sustaining injuries when a kombi he was travelling in was
involved in a head on collision with the company’s vehicle.
The incident occurred on December 31 in 2016 in Bulawayo
but the exact location was not mentioned in court papers.
Mr Afesi Mkhweli was a passenger in a kombi which was
involved in a head on collision with a Potraz Land Cruiser, which was being
driven by Mr Shingirai Marufu, a telecommunications engineer.
Mr Mkhweli, through his lawyer Mr Vonani Majoko of Majoko
and Majoko Legal Practitioners, filed an application at the Bulawayo High
Court, citing Potraz and Mr Marufu as defendants.
He sought an order directing the defendants to pay him $42
448, 78 being damages for shock, pain and suffering, medical expenses,
permanent disability and loss of amenities and future earnings.
Bulawayo High Court judge Justice Nokuthula Moyo dismissed
the application and absolved the two defendants, saying Mr Mkhweli conceded to
Mr Marufu’s account, which exonerated him from any wrongdoing.
“I accordingly hold that the plaintiff (Mr Mkhweli) has
failed to establish an essential element of his claim, and that is the
defendants’ wrongful conduct on the day in question,” she said.
The judge said there was no prima facie evidence linking
Marufu as having been the cause of the accident.
Justice Moyo ordered Mr Mkhweli to pay the legal costs
incurred by the defendants.
“I hold that there is no case established by the plaintiff
upon which a burden has been cast on the defendants to respond. I accordingly
grant defendants’ application for absolution from the instance, with plaintiff
ordered to pay the costs,” ruled the judge.
In papers before the court, Mr Mkhweli accused Mr Marufu of
negligence and reckless driving. He alleged that Mr Marufu encroached onto the
lane of oncoming traffic resulting in the collision with the kombi. He also
accused Mr Marufu of speeding.
Mr Mkhweli said he sustained a fracture on his right leg
and had to be admitted to hospital for four months.
He said he was now physically incapacitated due to the
injuries and had to be forced to leave his job on medical grounds.
The defendants, through their lawyers, Mr Godfrey Nyoni of
Moyo and Nyoni Legal Practitioners and Advocate Lucas Nkomo who was instructed
by C Kuhuni Attorneys, opposed the application and applied for absolution from
the instance.
Both lawyers argued that Mr Marufu’s liability had been
negated by Mr Mkhweli’s concessions.
They also argued that during trial there was no evidence
which was led to verify the amounts claimed by Mr Mkhweli including the aspect
of loss of employment. Chronicle
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