A Bulawayo man who was allegedly knocked down by businessman, Canaan Mutepfa’s vehicle five years ago, has made a fresh application for his matter to be heard after it was mysteriously struck off the roll twice over the past four years.
Munehondo Musekiwa, is claiming damages amounting to $450 000.
His case had been struck off the roll twice since 2007 when the trial was supposed to start, prompting him to demand a hearing date for the matter to be finalised.
When the matter was filed at the High Court then, Mutepfa, the owner of Andy’s Service Station, was being represented by Nicholas Mathonsi who has since been appointed to the High Court bench in Bulawayo.
Early this year, Charles Paul Moyo assumed urgency and had the matter set down for trial on January 24.
“We refer to the matter which was set down for trial on the 24th of January 2011. The matter was struck off the roll as Charles Paul Moyo could not attend due to family commitment.
“We now request the matter to be set down for finality,” read the letter dated June 24 filed by Musekiwa’s lawyers Khumalo and Company Attorneys.
Musekiwa was demanding Z$5 million at the time of filing the lawsuit HC1660/07, but it has since been revised to an equivalent of US$450 000 as calculated by actuaries at the National University of Science and Technology.
Musekiwa said on January 16 2006, he was riding a Suzuki motorbike along Main Street in Bulawayo and was knocked down by Mutepfa who was driving a Mazda B1800 from another direction.
He said the accident was caused by negligence on the part of Mutepfa who failed to give him right of way.
“He will further state that he suffered the following injuries as a direct result of the accident, fractured shaft and left femur, compound dislocation of the left knee with ruptured poplireal musculature and tibia neurovascular bundle, and that he developed necrosis and infection of most of the lower limb below the knee requiring several surgical operations.”
However, Mutepfa rebutted Musekiwa’s evidence and said instead he was the one who caused the accident as he was speeding.