4 HH 40-13 HC 4187/12 of damages as best as it can on the evidence available. When he has not done so, the court is justified in ordering absolution from the instance. This is the situation that the plaintiff finds himself in casu. Evidence is led through the plaintiff either viva voce or through an affidavit. It cannot be canvassed in the Heads of Argument. In the result the defendant must be absolved from the instance regarding the claims of contumelia and loss of amenities. Special Damages These are damages that have already been incurred and can be precisely calculated at the date of trial. Under this head, the plaintiff has managed to establish that the incurred medical expenses to the tune of $11 367-00. I would however comment that a plaintiff must, in his or her affidavit of evidence clearly tabulate his/her medical expenses. In casu the plaintiff simply referred the court to the annexures which are the receipts he received upon payment. He then expected the court to add up the invoices to come up with the total figure claimed. The tabulation was then done in the Heads of Argument. As already stated, a litigant does not lead evidence in the Heads of Argument. Shock, Pain and Suffering Assessment of damages in personal injury cases is one of the most daunting tasks that can confront a judicial officer. GUBBAY JA (as he then was) summed it up in Minister of Defence and Anor v Jackson 1990(2) ZLR 708 (SC) when he stated:“It must be recognized that translating personal injuries into money is equating the incommensurable, money cannot replace a physical frame that has been permanently injured. The task therefore of assessing damages for personal injury is one of the most perplexing a court has to decide”. Again, unfortunately, I do not have much to go by in assessing the damages for pain and suffering. The plaintiff must have been admitted into hospital at one point judging by the receipts attached as annexures. One cannot make out for how long he was hospitalised. The plaintiff states that he suffered numerous injuries but do not give details. All he says is that as a result of the injuries he had to have an above the knee amputation of the left leg and four steel plates inserted in his right leg. He endured and still experiences excruciating pain. He was taken to hospital several hours after the shooting. There is no doubt that the plaintiff suffered severe injuries and he under- went much pain and suffering. He had to under-go various operation procedures. In coming up with an award, it is my view that I must take into account that the plaintiff can still proceed to claim damages for loss of amenities. I take guidance from the