The Supreme Court has reversed a High Court judgment which ordered the Reserve Bank of Zimbabwe to pay accident damages amounting to US$33 552 to a local company.
The High Court had ruled in 2016 that the driver of the RBZ, 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.
Reversing the High Court judgment, Justice Rita Makarau said that there was no evidence suggesting that the central bank’s driver was responsible for the accident. Makarau said:
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 added that the High Court should have established the extent of the injuries the Tran Transport witness (the police officer) had sustained in the accident since they could have impacted his evidence.
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