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Contumelia, Injuria, Assault, Malicious or Wrongful Prosecution, Arrest or Detention and Execution against Property

HB06-09 : NDABEZINHLE MAZIBUKO vs CHIEF SUPRINTENDENT SITHOLE AND TWO OTHERS
Ruled By: NDOU J

Injuria is committed when a person, without cause, intentionally violates another's dignity. A person's dignity includes his feelings of dignity or self-respect. These feelings may be violated by any conduct that actually insults a person - Law of Damages (1st Ed.) (Juta) (1993)...,.In light of the above, I find that the delict complained ...
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Appealed
HH94-12 : ERIC MUSUNDIRE vs OK ZIMBABWE
Ruled By: BERE J

The OK Grand Challenge Jackpot promotion has become an exciting annual national event to many Zimbabweans as it affords many lucky winners a rare opportunity to win various prizes ranging from motor vehicles, residential Stands and an assortment of other items. It is an event which is aggressively advertised both in the print and ...
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HH84-09 : LIZZIE MUKUMBA vs THE MINISTER OF HOME AFFAIRS and THE COMMISSIONER OF POLICE
Ruled By: KUDYA J

The plaintiff issued summons against the defendants seeking damages in local currency arising from an assault perpetrated against her by members of the police riot squad during disturbances that occurred in Budiriro on 24 March 2002. At the commencement of trial I granted, with the defendants' consent, the amendment to the claim in the sum of US$4,368=. The plaintiff ...
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SC11-12 : JESTINA MUKOKO vs THE ATTORNEY-GENERAL
Ruled By: CHIDYAUSIKU CJ, MALABA DCJ, SANDURA JA, ZIYAMBI JA and GARWE JA

Compensation, under section 13(5) of the Constitution, is payable to a person who is unlawfully arrested or detained.
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HH106-09 : DELIWE CHINYEMBA vs CHRISTINA MAJAWALA
Ruled By: BERE J

The plaintiff issued summons in this court..., seeking various damages...,. According to her declaration, the plaintiff's claim for contumelia, as well as other damages, stem from her alleged unlawful eviction which was accompanied by assaults by the defendant, and the defendant's employees, who are alleged to have assisted the defendant in unlawfully evicting the plaintiff. The plaintiff's ...
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HH108-09 : CHAIR RORE vs THE MINISTER OF DEFENCE
Ruled By: CHITAKUNYE J

The plaintiff is a male adult resident at House Number 2365 St Marys Chitungwiza. The defendant is the Minister of Defence cited in his official capacity.On 14 November 2003, the plaintiff filed a suit against the defendant for damages in the sum of Z$500,000. The plaintiff alleged, that, on 19 ...
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HB06-09 : NDABEZINHLE MAZIBUKO vs CHIEF SUPRINTENDENT SITHOLE AND TWO OTHERS
Ruled By: NDOU J

The plaintiff is a legal practitioner practicising with Messrs. Calderwood, Bryce, Hendrie and Partners Legal Practitioners in Bulawayo.He has sued the defendants for payment of payment of damages for assault, injuria, and impairment of dignity following the fefendants actions of forcibly, and under injurious circumstances, removing or causing the removal ...
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SC52-13 : ECONET WIRELESS (PVT) LTD and GODFREY MANGEZI and TRANSACTION PAYMENT SOLUTIONS vs NGONIDZASHE SANANGURA
Ruled By: MALABA DCJ, ZIYAMBI JA and PATEL AJA

At the end of hearing argument for both parties, the court allowed the appeal with costs. It was indicated, at the time, that reasons for the decision to allow the appeal would follow in due course. These are they. On 12 August 2011, the respondent issued out summons in the High Court claiming ...
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View Appeal
SC23-15 : OK ZIMBABWE LIMITED vs ERIC MSUNDIRE
Ruled By: ZIYAMBI JA, GARWE JA and HLATSHWAYO JA

After hearing submissions from counsel, the court issued the following order: “(1) The appeal be and is hereby dismissed with costs. (2) The reasons for this order are to follow.” What follows are the reasons for the order. FACTUAL BACKGROUND The appellant, OK Zimbabwe, is a company duly incorporated in terms of the laws of Zimbabwe. It is ...
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HH196-10 : MONDAY BOPOTO NYANDORO vs MINISTER OF HOME AFFAIRS and COMMISSIONER OF POLICE
Ruled By: PATEL J

The plaintiff in this matter claims the sum of US$9,798=20 as damages for unlawful assault allegedly perpetrated by members of the Zimbabwe Republic Police…, acting within the course and scope of their employment. The defendants admit that the plaintiff was arrested and detained by members of the Zimbabwe Republic Police but deny that he was ...
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HH50-11 : NATHAN MUSHAMBI vs ZIMPAPERS (1980) LIMITED
Ruled By: BERE J

On 21 January 2010, the plaintiff issued summons out of this court seeking to recover $150,000= in damages for alleged malicious prosecution initiated against him by the defendant, his erstwhile employer. In paragraph 5 of the plaintiff's declaration, the plaintiff alleged as follows: “The damages sought arose from the plaintiff's loss of income, pain and suffering, discomfort, nervous ...
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HH235-10 : LUKE DAVIES vs PREMIER FINANCE GROUP LIMITED
Ruled By: PATEL J

The plaintiff herein claims the sum of US$150,000= as damages for malicious misconduct allegations brought against him by the defendant in April 2008. The defendant denies any malice or illegality on its part. Consequently, the principal issue for determination in this case is whether or not the misconduct allegations and proceedings brought against the ...
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HB101-10 : MISHECK VELLAH vs JEALOUS MOYO (alias) MUSHONA and MIKA MOYO
Ruled By: NDOU J

The plaintiff, aged 67, is a retired pastor in the Evangelical Lutheran Church of Zimbabwe. He is a farmer at Jonsyl Farm, West Nicholson. The first defendant is also a farmer and neighbour of the plaintiff. The second defendant is also a farmer resident at Dwala Resettlement area in West Nicholson. On 3 May 2008, the ...
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HH40-13 : TREVOR SIMBANEGAVI vs OFFICER JACHI
Ruled By: MAKONI J

On 8 December 2010, at around 1700 hours, and in Avonlea Drive, the plaintiff was approached by the defendant who was in the company of other officers of the Criminal Investigation Department. The defendant ordered the plaintiff to disembark from the motor vehicle where he was sitting. He ordered the ...
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HB54-13 : NKOSITHABILE MDLONGWA vs MLUNGISI NGWENYA
Ruled By: MAKONESE J

On the 2nd of March 2012, the plaintiff issued summons against the defendant claiming the following relief: (a) Payment of US$10,000= being general damages for pain and suffering. (b) Payment of US$120= being special damages for medical expenses. (c) Payment of interest and costs of suit…..,. The plaintiff brought the matter on the unopposed roll and I directed that detailed Heads ...
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HB71-13 : ROBSON NDIWENI vs PETER JOHANNES CLOETE
Ruled By: CHEDA AJ

The plaintiff issued summons in July 2007 against the defendant claiming for: (a) Permanent injury and disfigurement - $500 million (b) Pain and suffering - $250 million (c) Loss of amenities ...
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HB173-13 : NKOSINATHI SOLOMON ABU-BASUTU vs KHULUMANI MOYO
Ruled By: MAKONESE J

The plaintiff filed a claim in this Honourable court seeking the following relief :- ''(a) Payment in the sum of R2,450,000= due for damages for detention of plaintiff by South African Authorities for 98 days as a result of defendant having stolen money from his employer, deposited it with a bank account of a company ...
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HH279-14 : CLEMENT KWANGWARI vs JULIUS CHEKURE and AVANTI LOGISTICS (PVT) LTD
Ruled By: MTSHIYA J

This is an action wherein at the close of the plaintiff's case the defendants applied for absolution from the instance. I allowed the parties to file heads of argument. In the action, the plaintiff prayed for the following relief:-“(a) Payment of the sum of (US$20,000=) twenty thousand United States Dollars for damages for malicious, wrongful arrest ...
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SC26-16 : RITENOTE PRINTERS (PRIVATE) LIMITED and JOHN KANOKANGA vs A. ADAM & COMPANY (PRIVATE) LIMITED
Ruled By: GARWE JA, HLATSHWAYO JA and GUVAVA JA

This is an appeal against the decision of the High Court, Harare, dismissing with costs a claim for delictual damages arising out of the unlawful eviction of the appellant from certain rented premises in Harare and attachment of its tools of trade. The High Court, whilst finding for the appellant on the question ...
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HH130-16 : YAKUB MAHOMED vs JOHN ARNOLD BREDENKAMP
Ruled By: CHIGUMBA J

The defendant filed a counterclaim in which he alleged that on 20 January 2011 the plaintiff maliciously and wrongfully set the law in motion by laying false charges against him of fraud and contravening Exchange Control Regulations with the police. In particular, the defendant accused the plaintiff of complaining to the police that he had secured ...