Accident victim loses US$108,000 compensation claim

The High Court has dismissed with costs a US$108,766 damages claim filed by 83-year-old farmer Cleopas Matenga against motorist Amanda Zietsman, ruling that the plaintiff failed to prove negligence and that his own testimony undermined his case.

Justice Joel Mambara granted Zietsman's application for absolution from the instance at the close of Matenga's case, saying the plaintiff "pleaded one thing and proved another," leaving the court with no coherent cause of action.

"The plaintiff's evidence is so defective and self-defeating that it has not established a prima facie case of negligence against the defendant," Justice Mambara said in his judgment delivered on September 8, 2025.

The case stemmed from a road traffic accident on September 10, 2023, along the Harare–Chirundu highway near the Magunje turn-off. Matenga, then 82, was struck while attempting to cross the highway to meet his brother at a bus stop.

Matenga had sought over US$43,000 for medical expenses, US$5,000 for future treatment, and US$55,000 in general damages for loss of earnings and amenities, arguing the accident was caused solely by Zietsman's negligence.

Zietsman denied liability, stating she had exercised reasonable care by keeping a lookout, hooting, and braking when Matenga suddenly dashed onto the road. During the trial, the plaintiff admitted he had neither seen the approaching vehicle nor heard the horn and acknowledged that all medical expenses were paid by his brother. He also produced no proof of earnings to support his damages claim.

The presiding judge noted that Matenga's evidence indicated contributory negligence, leaving his case "self-destructive."

"The plaintiff pleaded exclusive fault by the defendant but proved contributory negligence on his own part. The law does not permit the court to make a finding of contributory negligence out of the blue when it was never pleaded," Justice Mambara said.

The court also dismissed the damages claim, citing a lack of conclusive evidence. The High Court found that Zietsman had acted as a reasonable driver under the circumstances, with no evidence of speeding or negligence.

Matenga's claim was fully dismissed, and he was ordered to pay costs.

"Justice is served by terminating the case at this juncture," the judge ruled.