Aaron Nyarugwe v Dharwizi Transport (Private) Limited

LC/H/93/23

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Case Details

Court

Bulawayo High Court

Date

1 January 2019

Citation

LC/H/93/23

Outcome

unknown

Case Type

Application

Bench

Presiding

MAKONESE J

Areas of Law

DelictCivil Procedure

Keywords

malicious prosecutionabsolution from instancedamagescriminal prosecutionvicarious liability

Key Issues

{"issue_text":"What are the requirements for absolution from the instance to be granted?","issue_type":"law","dispositive":"yes","related_facts":"Evidence led by plaintiff at close of case"}
{"issue_text":"What are the plaintiff's claims?","issue_type":"fact","dispositive":"no","related_facts":"Damages claimed in summons and declaration"}
{"issue_text":"What is the plaintiff's evidence?","issue_type":"fact","dispositive":"no","related_facts":"Viva voce evidence and documents presented"}
{"issue_text":"Has the plaintiff established a prima facie case warranting defendant to be put to its defence to rebut it?","issue_type":"mixed","dispositive":"yes","related_facts":"All evidence presented by plaintiff"}

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background

Facts of the Case

Background

Plaintiff Enock Chiweshe sued defendant National Railways of Zimbabwe for US$150,000 damages for malicious prosecution arising from his criminal prosecution for theft of 74 pillar tapes. Plaintiff was acquitted of the criminal charges and claims the prosecution was instigated by defendant without reasonable cause and with malice.

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