A High Court judge has ruled that a lawyer, Kelvin Musimwa, must pay US$37,189 in compensation for his role in an accident that left Harare motorist Johnson Muchechesi permanently disabled. The incident, which occurred in June 2008 along Old Mazowe Road near the Westgate roundabout, involved Musimwa encroaching into Muchechesi’s lane, leading to a head-on collision.
Initially facing a lawsuit seeking US$52,000 for disability, medical expenses, and pain and suffering, Musimwa was ordered to pay the reduced sum by Justice Gladys Mhuri. Muchechesi, who suffered a broken femur and subsequent permanent disability, spent over two months in intensive care following the accident.
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Despite Musimwa’s claims of Muchechesi’s contributory negligence, Justice Mhuri found Musimwa’s testimony lacking credibility, noting inconsistencies in his account of the events leading up to the collision. Muchechesi, on the other hand, provided compelling evidence of the ongoing pain and hardships he has endured since the accident, including the breakdown of his marriage due to his disability.
In her ruling, Justice Mhuri affirmed Muchechesi’s right to seek damages, emphasizing Musimwa’s failure to demonstrate any fault on Muchechesi’s part. As a result, Musimwa was ordered to pay the specified compensation to Muchechesi, reflecting the extent of the harm caused by the accident.
