News / National
Harare Council to defend US$250 000 sewage drowning lawsuit
2 hrs ago |
28 Views
The City of Harare has entered an appearance to defend a US$250 000 lawsuit brought by the family of a Budiriro man who drowned after allegedly falling into an unprotected sewage excavation.
The local authority formally entered its appearance on September 11, four days after being served with summons in the High Court matter.
The case, filed under number HCH4437/26, was brought by Tarwa Karakadzai and Netsai Dube against the City of Harare following the death of Saul Karakadzai, who drowned in a sewage excavation in Budiriro 3 on June 7.
According to court papers, the City of Harare is represented by Richard Legal Services, while the family is represented by Bruce Tokwe Commercial Law Chambers.
The lawsuit follows an earlier letter of demand in which the family sought US$250 000 in damages, accusing the council of negligence and breaching its duty of care to members of the public.
The family alleges that Karakadzai was returning home from work at around 8pm when he used a public footpath near a sewage pool where council employees were carrying out works.
According to the claim, excavation works had been conducted close to the pathway, but the area was allegedly left without barricades, warning signs, lighting or other safety measures to alert pedestrians to the danger.
Karakadzai allegedly fell into the excavation and drowned.
The family argues that he had reason to believe the pathway was safe because it was regularly used by residents.
The council is accused of failing to fence off the excavation, install warning signs or lighting and take reasonable precautions to protect members of the public using the pathway.
Three City of Harare employees — Moses Dicko, Tinei Chihwai and Thomas Rwakatiwana — have also been charged with culpable homicide in connection with Karakadzai's death.
The family says it suffered emotional trauma, pain and suffering, as well as loss of financial support and companionship following his death.
With the City of Harare having entered an appearance to defend the claim, the dispute will now proceed before the High Court.
The local authority formally entered its appearance on September 11, four days after being served with summons in the High Court matter.
The case, filed under number HCH4437/26, was brought by Tarwa Karakadzai and Netsai Dube against the City of Harare following the death of Saul Karakadzai, who drowned in a sewage excavation in Budiriro 3 on June 7.
According to court papers, the City of Harare is represented by Richard Legal Services, while the family is represented by Bruce Tokwe Commercial Law Chambers.
The lawsuit follows an earlier letter of demand in which the family sought US$250 000 in damages, accusing the council of negligence and breaching its duty of care to members of the public.
The family alleges that Karakadzai was returning home from work at around 8pm when he used a public footpath near a sewage pool where council employees were carrying out works.
According to the claim, excavation works had been conducted close to the pathway, but the area was allegedly left without barricades, warning signs, lighting or other safety measures to alert pedestrians to the danger.
Karakadzai allegedly fell into the excavation and drowned.
The family argues that he had reason to believe the pathway was safe because it was regularly used by residents.
The council is accused of failing to fence off the excavation, install warning signs or lighting and take reasonable precautions to protect members of the public using the pathway.
Three City of Harare employees — Moses Dicko, Tinei Chihwai and Thomas Rwakatiwana — have also been charged with culpable homicide in connection with Karakadzai's death.
The family says it suffered emotional trauma, pain and suffering, as well as loss of financial support and companionship following his death.
With the City of Harare having entered an appearance to defend the claim, the dispute will now proceed before the High Court.
Source - The Herald
Join the discussion
Loading comments…
