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Harare High Court
Augur Investments OU & Anor & Anor v Tendai Biti & Anor & Anor
HH 426-21
Case Details
Court
Harare High Court
Date
20 August 2021
Citation
HH 426-21
Neutral Citation
[2021] ZWHH 426
Outcome
unknown
Case Type
Trial
Bench
Presiding
Manzunu J
Full Bench
Manzunu J
Areas of Law
DelictCivil Procedure
Keywords
defamationcorporationperegrinussecurity for costsmisjoinderexception
Tags
defamationexceptionspecial pleamisjoindersecurity for costs
legislation
Statutes Cited
- High Court Rules, 1971
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether special plea based on failure to pay security for costs should succeed","issue_type":"procedural","dispositive":"no","related_facts":"First plaintiff is peregrinus, no prior demand for security"}
- {"issue_text":"Whether corporation can sue for defamation under actio injuriarum","issue_type":"law","dispositive":"no","related_facts":"First plaintiff is corporation"}
- {"issue_text":"Whether there is misjoinder of defendants","issue_type":"procedural","dispositive":"no","related_facts":"Three defendants joined, different causes of action"}
- {"issue_text":"Whether second and third plaintiffs are sufficiently identified in publications","issue_type":"mixed","dispositive":"yes","related_facts":"Publications refer to plaintiffs generally"}
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background
Facts of the Case
Background
Plaintiffs sued defendants for defamation over Twitter posts and newspaper articles alleging corruption in Harare Airport Road project. First defendant raised exception and special plea regarding security for costs and whether corporation can be defamed, and misjoinder of defendants.
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