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Fidelis Munyoro Chief Court Reporter
fOUR Zimbabweans who were involved in a bus accident in Tanzania last year have obtained a High Court order to attach assets of a Tanzania-registered bus company, Hughes Motors Tanzania, pending the determination of a $250 000 lawsuit against the firm.

Hughes Motors Tanzania, trading as Taqwa Luxury Coaches, plies routes in Zimbabwe to and from Tanzania.

Melina Tsigah, Tonderai Mhere, Lilian Dhliwayo and Arnold Tsigah are victims of Taqwa Luxury Coach bus accident which occurred near Morogoro, Tanzania, in January last year.

They suffered various degrees of injuries.

Their bid to claim damages from the bus company has been frustrating.

The company insurers offered to pay them less than $1 000 each as compensation for their injuries.

Through their lawyer, Mr Cyprian Chabvepi, the quartet filed an application for founding jurisdiction of the High Court of Zimbabwe to recover the damages.

The Zimbabwe High Court has no jurisdiction over a foreign entity.

To empower the local High Court to deal with claim, the four had to apply for a founding jurisdiction on the grounds that harm was felt in Zimbabwe.

Justice Hungwe heard the application and last week granted the quartet leave to attach Hughes Motors Tanzania Ltd’s assets in or on entering the country to the value of $210 000 plus $40 000, being the victims’ estimated legal costs to found jurisdiction of the High Court here.

“The Sheriff of Zimbabwe keeps these assets within the jurisdiction of the High Court of Zimbabwe until finalisation of all applicants’ claims against respondent,” said Justice Hungwe.

“Respondent be and is hereby ordered to immediately upon being served with this order, release their assets to the value of $250 000 unless it provides security acceptable to the registrar of this court pending the finalisation of the summons matter.”

In her claim, Melina stated that she and the other three boarded a Taqwa Luxury Coaches bus registration number T774-CRN from Zimbabwe to Tanzania on December 30 2013 at Road Port, Harare.

In terms of travel arrangements and company undertakings, Melina said they were supposed to arrive in Dar es-Salaam on January 1 last year.

She claimed that along the way the bus driver was negligent and reckless in his driving.

“As we were approaching Morogoro,the driver attempted to overtake a haulage truck that was carrying timber and due to the speed at which the bus was going the driver failed to overtake and rammed the haulage truck resulting in extensive damage,” she said.

As a result of the accident, Melina claimed that she suffered multiple broken bones on her left hand, chin and jaw.

“I further sustained a burst left breast and serious internal injuries in the chest,” she said.

She said as a result of the injuries, she developed a permanent speech disorder and disfigurement of the face with a dysfunctional jaw that has to be operated on.

The other three also filed their claims stating the nature of injuries sustained in the accident and a breakdown of their claims.