A Harare woman has been ordered to pay US$99,761 in damages to a former TN Bakery driver who lost his right leg after she struck him while he was standing behind his delivery vehicle, with the High Court finding her responsible for the accident.
Justice Jacob Manzunzu ruled that Shamiso Ncube was overwhelmingly to blame for the May 2021 accident in Warren Park, which left Elisha Chakezha permanently disabled, unable to return to his job as a driver and dependent on others for some everyday activities.
The award includes US$50,000 for pain and suffering, permanent disability and loss of enjoyment of life, US$30,000 for future medical expenses and US$19,761 for future loss of earnings. The court also awarded him RTGS$305,887.20 for future earnings, with the judgment providing for payment in local currency at the prevailing interbank exchange rate on the date of payment.
Ncube was further ordered to pay the legal costs of the lawsuit.
The ruling followed a dispute over who was responsible for the accident, with Ncube arguing that Chakezha had contributed to his injuries because his delivery vehicle had not been completely moved off the road.
However, Justice Manzunzu found that her failure to keep a proper lookout and exercise caution far outweighed any negligence on Chakezha’s part.
“In my considered view, the degree of negligence by the defendant was very high such that the contributory negligence by the plaintiff found by the magistrate court is so negligible such that it can safely be ignored,” the judge ruled.
“In percentage levels the plaintiff’s negligence may at most be up to 2%, with the defendant carrying 98% of the blame.”
The accident occurred on May 27, 2021, when Chakezha, who was employed as a driver at TN Bakery, pulled off Crowborough Road in Warren Park D while making deliveries.
He had stepped out to check whether the goods he was transporting were still in good condition when Ncube, who was driving a Mercedes-Benz, struck him from behind his vehicle.
The collision left Chakezha with devastating injuries to both legs. Damage to blood circulation in his right lower limb resulted in an above-the-knee amputation, while his left leg suffered multiple fractures around the knee and tibia.
He underwent surgery to repair the left leg, including the insertion of pins, but later required another operation after an infection developed.
The injuries ended his career as a driver because he could no longer operate a vehicle with his right leg and his mobility had been severely compromised.
An occupational therapist who assessed him told the court that, despite retaining the use of his upper limbs, Chakezha still needed assistance with bathing, dressing, using the bathroom and moving around.
An orthopaedic surgeon assessed his permanent disability at 50 percent and recommended that a prosthesis be fitted to his amputated right leg.
Chakezha told the court that the injuries had fundamentally changed his life, leaving him dependent on other people for everyday activities and unable to earn a living as he had before the accident.
His former employer, TN Holdings, continued paying him a monthly allowance of US$353 despite his inability to work. However, the company told the court it could no longer meet the cost of further surgery he required.
Ncube, who was convicted of negligent driving under section 52(2)(a) of the Road Traffic Act following a criminal trial, argued that she had been trying to avoid an oncoming vehicle when she struck Chakezha.
She maintained that his delivery vehicle was partly on the road and that both parties had been negligent.
But Justice Manzunzu found no evidence of a sudden emergency that could explain or excuse her actions.
“The fact that the defendant’s negligence caused the accident resulting in the injury of the plaintiff on 27 May 2021 is something which cannot be disputed,” the judge said.
The court found that Ncube had failed to keep a proper lookout and had been driving at an excessive speed.
Justice Manzunzu said motorists were required to anticipate stationary vehicles, pedestrians and other obstructions on public roads and to travel at speeds that allowed them to stop safely within their range of vision.
Although the magistrates’ court had identified contributory negligence because some wheels of Chakezha’s vehicle remained on the road, the High Court found that this did not significantly diminish Ncube’s responsibility for the accident.
In assessing compensation, the court rejected Chakezha’s US$250,000 claim for general damages as excessive, settling on US$50,000 after considering the severity of his injuries, permanent disability and the impact on his quality of life.
“The plaintiff’s quality of life has been severely diminished in several ways as was more fully explained by the rehab therapist,” Justice Manzunzu said.
“The plaintiff lives with the trauma of this horrific ordeal as he navigates through the new life.”
The judge also noted that Ncube had visited Chakezha in hospital intending to offer assistance, but was told that his employer was covering his medical expenses.
The court excluded US$14,804.07 and RTGS$251,886 in past medical expenses because Chakezha’s employer had already paid those bills.
His future loss of earnings claim was also adjusted to account for the US$22,239 he had received in monthly allowances between June 2021 and August 2026.
Chakezha had sought compensation based on his expected working life up to the age of 70. However, the court noted that he was 59 when he testified in March 2026 and adjusted the award after taking into account the allowances already paid.
The final award therefore comprises US$50,000 in general damages, US$30,000 for future medical expenses and US$19,761 in future loss of earnings, together with RTGS$305,887.20 for future earnings.
The amounts are payable in local currency at the prevailing interbank exchange rate on the date of payment, in addition to the legal costs of the suit.
