MBUNDIRE v BUTTRESS 2011 (1) ZLR 501 (S)

2011 (1) ZLR p501

Flynote

Damages – quantification of damages – serious bodily injury resulting from motor accident – evidence relating to assessment of damages available to plaintiff but not placed before court – effect – when proper for court to grant absolution from the instance – remittal by Supreme Court to the court a quo so as to consider the question of damages

Damages – Lex Aquilia – method of assessing damages – compensation to be assessed so as to place the plaintiff in the position he have occupied but for the wrongful act resulting in his injury – consideration of comparable awards – inflation to be taken into account

Damages – assessment of general damages for pain and suffering – upon issue of summons claim expressed in old Zimbabwean currency – effect of hyper-inflation since the issue of summons – need to place the plaintiff in the position he would have been in but for the wrongful act of defendant – whether permissible for the court to make an appropriate award in new currency and expressed in American dollars

Damages – patrimonial property – damages claimable for cost of replacement of damaged vehicle – damages originally claimed in old Zimbabwean currency – subsequent amendment so as to claim in new United States currency – amended claim in conflict with the principle of currency nominalism