A woman who suffered high voltage shock after making contact with a live cable has lost a $200 000 lawsuit because she filed her claim out of time.
Ms Munashe Mateta had filed a $200 000 claim against the Zimbabwe Electricity Transmission and Distribution Company Limited (ZETDC) at the High Court.
But the power company that was represented by its lawyer Mr Zvobgo Tawanda Zvobgo contested the claim, arguing the action was brought after the expiry of the period within which such a suit should be brought.
The incident occurred in November 2010 and Ms Mateta filed her claim in February 2016, six years later. After hearing argument from both parties, Justice David Mangota accepted Mr Zvobgo’s argument and upheld the special plea.
“It is ordered that the special plea is upheld,” said Justice Mangota adding, “The plaintiff’s claim be and is hereby dismissed with costs.”
Through her lawyer Kuzivakwashe Ngodza, Ms Mateta opposed the special plea and an exception to the claim raised by ZETDC.
Ngodza argued that his client instituted the legal proceedings within the time frame provided for in the Prescription Act. He said the summons was served to the power company within the three years prescribed by the Act.
“Therefore, factually, when the defendant acknowledged liability in August 2015 it means that the matter would prescribed in the year 2018 and in August,” argued Ngodza.
But Mr Zvobgo argued that Mateta’s claim had prescribed and could no longer be competently pursued at law as it had expired.