The City of Harare has indicated that it will contest a US$250,000 lawsuit brought by the family of a Budiriro man who allegedly drowned after falling into an unprotected sewage excavation.
The local authority entered an appearance to defend the High Court case last week, four days after being served with the summons.
The case, registered as HCH4437/26, was filed by Tarwa Karakadzai and Netsai Dube following the death of Saul Karakadzai, who allegedly drowned in a sewage excavation in Budiriro 3 on June 7.
Court papers show that the City of Harare is represented by Richard Legal Services, while the family has engaged Bruce Tokwe Commercial Law Chambers.
The lawsuit follows a demand for US$250,000 in compensation, with the family accusing the council of negligence and failing to protect members of the public from a known danger.
According to the family’s court papers, Karakadzai was walking home from work at about 8pm when he used a public pathway near a sewage area where council workers were conducting excavation work.
The family alleges that the excavation had been left exposed without adequate barriers, warning signs, lighting or other safety precautions.
Karakadzai allegedly fell into the excavation and drowned.
The family argues that he had no reason to suspect that the commonly used pathway was dangerous.
It further alleges that the council failed to properly secure the excavation, install warning signs or provide adequate lighting to safeguard pedestrians.
Three City of Harare employees, Moses Dicko, Tinei Chihwai and Thomas Rwakatiwana, have also been charged with culpable homicide in connection with Karakadzai’s death.
The family is seeking compensation for alleged emotional trauma, pain and suffering, loss of financial support and loss of companionship.
With the City of Harare now having entered an appearance to defend the matter, the dispute is set to proceed before the High Court.
The council has not yet filed its substantive response to the allegations.