Delta Beverages, Old Mutual lose bid to halt US$24,000 accident damages claim

HARARE – The High Court of Zimbabwe has rejected requests by Delta Beverages and Old Mutual Insurance to have a US$24,345 damages lawsuit thrown out and the matter will now go to a full trial.

The case stems from a head-on collision that occurred on 21 September 2018 at Mucheke Bridge along the Chivhu–Nyazura Road.

Original Haulage is claiming delictual damages after one of its haulage trucks was allegedly destroyed beyond repair when it collided with a Delta Beverages truck driven by Stanmore Masisimani, an employee of Delta at the time.

Old Mutual is cited as the insurer of the Delta vehicle.

In his ruling, Justice Rodgers Manyangadze ruled that Original Haulage (Private) Limited had established a prima facie case against the defendants, sufficient for the court to continue hearing the dispute.

Original Haulage alleged that Masisimani negligently drove on the wrong lane and failed to take reasonable steps to avoid the collision. The accident resulted in extensive damage to the plaintiff’s truck and trailer, serious injuries to the driver, and the death of a passenger.

At the close of the plaintiff’s case, Delta Beverages and Old Mutual applied for absolution from the instance, arguing that Original Haulage had failed to present sufficient evidence to establish liability and quantify damages.

Delta further contended that the truck was not damaged beyond repair and that the plaintiff had not proven pre- and post-accident values. O

Old Mutual argued that no proper cause of action had been established against it, maintaining that its liability was limited to statutory third-party cover.

Justice Manyangadze, however, rejected these arguments, finding that the plaintiff had led evidence on all essential elements of its claim.

The court noted that three witnesses testified for Original Haulage, including its managing director and two experienced panel beaters, who both concluded that the truck was damaged beyond repair and constituted a write-off.

The judge held that the evidence presented, including expert assessments, replacement value quotations for comparable used trucks, and uncontested facts surrounding the collision, was sufficient for a reasonable court to potentially find in favour of the plaintiff.

On Old Mutual’s position, the court ruled that its third-party liability could not be resolved at the absolution stage and would require full ventilation at the conclusion of the trial, including consideration of the Road Traffic Act and the scope of insurance cover.

“Added to the above, the plaintiff placed before the court evidence of experts in the trade of panel beating. Their expert opinion was that the plaintiff’s truck was damaged beyond repair.

“In my view, the evidence constitutes a strong prima facie case for the first defendant’s liability for the damages being claimed.

“The third defendant’s third party liability is not in issue. As to whether the third respondent bears further liability is a question of the interpretation of the applicable legislation, being the Road Traffic Act and any other ancillary statutes.

“More extensive ventilation of the issues can be done at the conclusion of the trial,” Justice Manyangadze said.

Delta and Old Mutual’s applications were dismissed, with costs ordered to be in the cause. The trial is expected to continue, during which the defendants will have the opportunity to present their evidence in response to the claims.