The High Court has dismissed a US$108,766 damages claim filed by 83-year-old farmer Cleopas Matenga against motorist Amanda Zietsman, ruling that the plaintiff failed to prove negligence and that his own testimony undermined his case.
Justice Joel Mambara granted Zietsman’s application for absolution from the instance after Matenga concluded his case, noting that the farmer’s claims were inconsistent and lacked a coherent legal basis.
“The plaintiff’s evidence was self-defeating and insufficient to establish even a prima facie case of negligence against the defendant,” Justice Mambara said in his judgment on September 8, 2025. “By his own admissions and those of his witnesses, his claim was untenable.”
The case arose from a road traffic accident on September 10, 2023, along the Harare–Chirundu highway near the Magunje turn-off. Matenga, then 82, was struck while attempting to cross the road to meet his brother at a bus stop.
In September 2024, Matenga sought over US$43,000 for medical expenses, US$5,000 for future treatment, and US$55,000 for general damages including loss of earnings and amenities, asserting that Zietsman was solely at fault.
Zietsman denied negligence, stating that she had exercised reasonable care by maintaining a lookout, honking, and braking when Matenga unexpectedly ran onto the road.
During the trial, Matenga admitted that he had not seen the approaching car nor heard its horn, acknowledged that his medical expenses had been covered by his brother, and failed to provide evidence of lost income.
A police officer who attended the scene confirmed that visibility was clear and observed that Matenga had created a sudden emergency situation for the driver.
Justice Mambara noted that the plaintiff’s own admissions indicated contributory negligence, which undermined his claim. “The plaintiff pleaded exclusive fault by the defendant but demonstrated contributory negligence on his part. The law does not allow the court to infer contributory negligence where it was never pleaded,” he said.
The judge further dismissed the damages claim, emphasizing that there was no factual evidence to support the monetary claim. “A court cannot speculate in the absence of proof,” he said.
The High Court concluded that Zietsman had acted reasonably under the circumstances, with no evidence of speeding, lack of attention, or carelessness. Matenga’s case was dismissed in full, and he was ordered to pay the legal costs.
“Justice is served by concluding this matter at this stage,” Justice Mambara ruled.
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