Man thrown off a moving train, sues NRZ for $500k

A Mutare man who lost his legs after he was thrown off a moving train by a National Railways of Zimbabwe staffer for alleged non-payment of a fare has filed a $500 000 lawsuit against the parastatal.

Mr Freeman Mukwena, who is now on a wheel chair, claims NRZ employee Mr Godfrey Nyabereka assaulted him before throwing him out of a moving train in Mutare.

He was seriously injured and his legs had to be amputated.

The Herald reported that the incident, according to Mr Mukwena, occurred in December 2008 when he was travelling from Mutare to Harare.

For pain, suffering and trauma, Mr Mukwena is claiming $300 000.

He is also claiming $100 000 for loss of amenities of life and $60 000 for injuries.

Mr Mukwena claims $20 000 for medical expenses. He wants another $20 000 for wheelchair expenses.

He demanded compensation from NRZ over the years but nothing was done.

Mr Mukwena indicated in his declaration that NRZ refused to compensate him prompting him to file a lawsuit in 2012.

The parties now await to be called for a pre-trial conference at the High Court.

In the defendant's plea filed on December 19 2012, NRZ and Mr Nyabereka sought the dismissal of the case on the basis that the suit was filed out of time.

"The alleged cause of action arose on the 7th of December 2008 but the summons were only issued on October 11 2012, over three years later.

"The claim has clearly prescribed and should, on ground alone, be dismissed with costs on attorney-client scale," read the defendant's plea.

It was also stated in the declaration that Mr Mukwena boarded the train unlawfully and threw himself out of the moving train when he thought his case was about to be discovered.

Nyabereka denies assaulting Mr Mukwena and throwing him out of the moving train.