Chitungwiza resident sues Minister of transport, CoH ZWL500 000, gvt US$1470 for damages after falling in umarked roadside trench

A Chitungwiza resident Shepherd Chishiri (39), who sustained injury after falling into an unmarked roadside trench, has successfully sued the minister of Transport and City of Harare for more than ZW$500 000.

Not only that, he has also sued the government for US$1 470 in medical damages.

Chishiri fell into a trench at the Mbudzi roundabout along Simon Mazorodze Rd in Harare.

The court found that the Transport minister and city council negligently left the trench unmarked and uncovered,endangering the public.

The Zimbabwe Lawyers for Human Rights represented Chishiri and has confirmed the development:-

“A Harare Magistrate punishes @MhonaFelix of @MinistryofTID by ordering him to pay +ZWL500 000 in damages to a Chitungwiza resident as compensation for negligence after he sustained injuries when he fell into an uncovered roadside trench at Mbudzi roundabout in Harare.

“The Magistrate recently granted the order after 39 year-old Shepherd Chishiri was assisted by @TinasheChinox of @ZLHRLawyers to sue Mhona & @cohsunshinecity for damages arising from negligence by the 2 on the basis that City of Harare & Hon. Mhona had breached their duty of care by leaving the roadside trench unmarked & uncovered.

“In court, Chishiri said he broke his right leg & had to undergo an operation in hospital at his own expense after he fell into an uncovered roadside trench at Mbudzi roundabout along Simon Mazorodze road in Harare on 23 February 2020 in the evening after he had disembarked from a commuter omnibus.

“He blamed Hon. Mhona & City of Harare for leaving an open storm water drain & for failing to guard members of the public from foreseeable harm.

“The storm water drain, Chishiri said, was unmarked such that it was impossible for him to ascertain its existence. Chishiri told the court that he suffered a 9% permanent disability & hence as an avid social soccer player he cannot play his favourite sport anymore & can can no longer continuously drive a vehicle.

“The court ordered Mhona to pay Chishiri ZWL506 949 broken down as ZWL200 000 in damages for pain and suffering, ZWL250 000 being damages for future medical expenses, ZWL50 000 for loss of social amenities in life & ZWL6 949 being special damages for medical expenses incurred.

“Hon. Mhona, who through his lawyers from the Attorney General’s Office told the court that he was not opposed to Chishiri’s application & would abide by the court’s decision, was also ordered to pay US$1 470 as special damages to cover some medical expenses which Chishiri incurred.

Zwnews