The Supreme Court has overturned a High Court ruling
ordering the Reserve Bank of Zimbabwe (RBZ) to pay accident damages amounting
to US$33 552 to a local company.
The judgment, nullifying the lower court’s decision, was
handed down on September 26, 2019, by Supreme Court judge Justice Rita Makarau
in concurrence with Deputy Chief Justice Elizabeth Gwaunza and Justice
Paddington Garwe.
The ruling by the Apex Court followed an appeal by the
central bank after the High Court, in 2016, ruled that an RBZ driver, one Joram
Makonde, was responsible for an accident that occurred on August 27, 2008 along
the Harare-Masvingo Highway which resulted in damages to Tran Transport (Pvt)
Ltd’s motor vehicle.
However, Justice Makarau said the appeal by the central
bank was based on whether or not the High Court had sufficient evidence before
it to find the RBZ liable for the claimed damages.
The judge further said the High Court had fallen into a
trap of believing evidence of a Tran Transport’s witness who said a policeman,
who was a passenger in the RBZ vehicle claimed that the RBZ driver fell asleep
while driving, thereby causing the accident. Apparently, the judge said, the alleged
policeman was never called to give evidence.
“The respondent’s (Tran Transport) witness did not testify
on the circumstances under which the unidentified policeman was a passenger in
the appellant (RBZ)’s vehicle. They simply testified as to what the policeman
said. There was, thus, no evidence before the court upon which it could make
its finding that the unidentified policeman had been given transport to Harare
and for which he was grateful,” Justice Makarau said.
“One of the witnesses for the respondent testified that the
unidentified policeman had been injured as a result of the accident. The court
a quo was not in a position to assess the effect these injuries might have had
on the policeman on the basis of the terse and scanty evidence that was before
it. Similarly, the amity and/or the congeniality among the persons riding in
the appellant’s vehicle were not assessed as there was no evidence upon which
such an assessment could be made. That these factors could have had an effect
on the truthfulness of the statement attributed to the unidentified policeman
is beyond dispute,” the judge said while upholding the RBZ’s appeal and
dismissing Tran Transport’s application for damages. Newsday
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