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Harare High Court
Collin Benyure v Annah Benyure
HH 316-25
Case Details
Court
Harare High Court
Date
29 January 2025
Citation
HH 316-25
Neutral Citation
[2025] ZWHH 316
Outcome
unknown
Case Type
Trial
Bench
Presiding
Dube-Banda J
Full Bench
Dube-Banda J
Areas of Law
Delictual liabilityMalicious prosecution
Keywords
malicious prosecutiondamagesreasonable and probable causemaliceinstigation
Tags
malicious prosecutiondamagesdefamation
legislation
Statutes Cited
- Criminal Law [Codification and Reform] Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether defendant instigated or instituted criminal prosecution against plaintiff","issue_type":"mixed","dispositive":"yes","related_facts":"Defendant reported demolition to police; police arrested plaintiff"}
- {"issue_text":"Whether defendant acted without reasonable and probable cause","issue_type":"mixed","dispositive":"yes","related_facts":"Defendant received anonymous call; had no eyewitnesses"}
- {"issue_text":"Whether defendant was actuated by malice","issue_type":"mixed","dispositive":"yes","related_facts":"Defendant's relationship with plaintiff; history of disputes"}
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background
Facts of the Case
Background
Plaintiff sued defendant for malicious prosecution claiming USD 60 000 damages after being charged with malicious damage to property based on defendant's police report. Defendant reported that her house was demolished and named plaintiff as suspect based on an anonymous call. Plaintiff was prosecuted but discharged at close of state case. Defendant did not defend the action.
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