Harare Woman Faces Nearly US$100,000 Damages Bill After Driver Loses Leg
A Harare woman has been ordered to pay nearly US$100,000 in damages after a delivery driver lost his right leg following a road accident in Warren Park. The High Court found Shamiso Ncube 98% responsible for the collision, which left Elisha Chakezha permanently disabled and unable to continue working as a driver.
The ruling concerns an accident on 27 May 2021, when Chakezha stopped his delivery vehicle on Crowborough Road to check his goods.
Harare Woman Held 98% Responsible For Warren Park Crash
Chakezha was working for TN Bakery when Ncube, who was driving a Mercedes-Benz, struck him from behind his vehicle.
He sustained severe injuries to both legs. Damage to blood circulation in his right leg resulted in an above-the-knee amputation. His left leg suffered multiple fractures, requiring surgery and further treatment after an infection developed.
Ncube argued that Chakezha had contributed to the accident because his vehicle was not completely off the road. She also said she had been trying to avoid an oncoming vehicle.
However, Justice Jacob Manzunzu rejected her defence, finding that she had failed to keep a proper lookout and was travelling at excessive speed.
The judge said Chakezha’s contribution to the accident was negligible.
“In percentage terms, the plaintiff’s negligence may at most be up to 2%, with the defendant carrying 98% of the blame.”
High Court Awards Nearly US$100,000 In Damages
The court awarded Chakezha US$50,000 for pain and suffering, permanent disability and loss of enjoyment of life. It also granted US$30,000 for future medical expenses and US$19,761 for future loss of earnings.
An orthopaedic surgeon assessed Chakezha’s permanent disability at 50%. An occupational therapist told the court that he requires assistance with everyday activities, including bathing, dressing and moving around.
Justice Manzunzu acknowledged the lasting impact of the injuries, saying:
“The plaintiff lives with the trauma of this horrific ordeal as he navigates through the new life.”
The court excluded previous medical expenses already covered by Chakezha’s employer, TN Holdings. It also considered US$22,239 in allowances paid to him between June 2021 and August 2026 when calculating his loss of earnings.
The final award includes RTGS$305,887.20 for future earnings. Ncube must pay the amounts in local currency at the prevailing interbank exchange rate on the date of payment, together with legal costs.
The ruling highlights the potentially life-changing consequences of road accidents and the financial liability that can follow negligent driving.
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