On 16 June 2014, at the 41 km peg along the Harare-Chirundu highway, the first defendant, driving the second defendant's freightliner truck in the course of employment, collided with the plaintiff's vehicle. The accident occurred on the plaintiff's driver's side of the road when the first defendant encroached onto the plaintiff's lane while overtaking two stationary vehicles in his own lane. The first defendant paid an admission of guilt fine on 27 June 2014. The plaintiff's vehicle was declared a write-off and valued by the defendant's insurers' independent assessor at $26,000. The insurer paid the plaintiff $2,000 as the second defendant only had third party insurance. The plaintiff claimed $19,000 for the replacement value of his vehicle (based on averaging three assessments of $26,000, $22,000 and $15,000, less $2,000 paid) and $24,500 for loss of business. The plaintiff discovered but failed to produce into evidence documentary proof including assessments, receipts, and trip sheets supporting his claims.