Detective Constable Artwell Sibanda and Felix Tandi and Brain Munyanyi v Bongani Ncube and Sheriff

HB 135-22

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Case Details

Court

Bulawayo High Court

Date

26 May 2022

Citation

HB 135-22

Neutral Citation

[2022] ZWHB 135

Outcome

unknown

Case Type

Application

Bench

Presiding

MAKONESE J

Full Bench

MAKONESE J

Areas of Law

Civil ProcedureDelictExecution

Keywords

stay of executionwrongful arrestdamagesjoint and several liabilityofficial capacity

Tags

wrongful arrestdamagesexecutionstay of execution

legislation

Statutes Cited

Prison Act 1952
Prison Rules 1999 (SI 1999/728)
European Convention on Human Rights 1950
Human Rights Act 1998
Criminal Justice Act 1967
Criminal Justice Act 1991
Crime (Sentences) Act 1997
Powers of Criminal Courts (Sentencing) Act 2000
Criminal Justice and Court Services Act 2000
Criminal Justice Act 2003
Offender Management Act 2007
Coroners and Justice Act 2009
Legal Aid, Sentencing and Punishment of Offenders Act 2012
Criminal Justice and Courts Act 2015
Prison and Courts Bill 2016 (draft)
European Communities Act 1972
Constitutional Reform Act 2005
Senior Courts Act 1981
Tribunals, Courts and Enforcement Act 2007
Legal Services Act 2007
Courts and Legal Services Act 1990
Access to Justice Act 1999
Legal Aid, Sentencing and Punishment of Offenders Act 2012
Criminal Procedure Rules 2015 (SI 2015/1490)
Civil Procedure Rules 1998 (SI 1998/3132)
Tribunal Procedure Rules 2013 (SI 2013/1247)
Prison and Young Offender Institution Rules 2015 (SI 2015/902)
Parole Board Rules 2016 (SI 2016/1078)
Rehabilitation of Offenders Act 1974
Police and Criminal Evidence Act 1984
Criminal Justice and Public Order Act 1994
Crime and Disorder Act 1998
Criminal Justice (International Co-operation) Act 1990
Extradition Act 2003
Immigration Act 1971
Immigration and Asylum Act 1999
Nationality, Immigration and Asylum Act 2002
Asylum and Immigration (Treatment of Claimants, etc) Act 2004
Immigration, Asylum and Nationality Act 2006
UK Borders Act 2007
Borders, Citizenship and Immigration Act 2009
Immigration Act 2014
Immigration Act 2016
Data Protection Act 1998
Data Protection Act 2018
Freedom of Information Act 2000
Regulation of Investigatory Powers Act 2000
Investigatory Powers Act 2016
Counter-Terrorism Act 2008
Terrorism Prevention and Investigation Measures Act 2011
Counter-Terrorism and Security Act 2015
Investigatory Powers Act 2016
Justice and Security Act 2013
Inquiries Act 2005
Inquiries (Scotland) Act 2005
Coronavirus Act 2020
Public Health (Control of Disease) Act 1984
Civil Contingencies Act 2004
Local Government Act 1972
Localism Act 2011
Planning and Compulsory Purchase Act 2004
Planning Act 2008
Housing Act 1996
Housing Act 2004
Housing and Regeneration Act 2008
Local Government and Public Involvement in Health Act 2007
Local Government and Housing Act 1989
Education Act 1996
Education Act 2002
Education and Inspections Act 2006
Education and Skills Act 2008
Academies Act 2010
Education Act 2011
Children and Families Act 2014
Higher Education and Research Act 2017
School Standards and Framework Act 1998
Learning and Skills Act 2000
Further and Higher Education Act 1992
Employment Rights Act 1996
Employment Relations Act 1999
Employment Act 2002
Employment Relations Act 2004
Work and Families Act 2006
Pensions Act 2004
Pensions Act 2007
Pensions Act 2008
Welfare Reform Act 2007
Welfare Reform Act 2009
Welfare Reform Act 2012
Welfare Reform and Work Act 2016
Social Security Act 1998
Social Security Act 1986
Social Security Contributions and Benefits Act 1992
Social Security Administration Act 1992
Child Support Act 1991
Child Support, Pensions and Social Security Act 2000
Children Act 1989
Children Act 2004
Adoption and Children Act 2002
Children and Adoption Act 2006
Children and Young Persons Act 2008
Children and Families Act 2014
Care Act 2014
Mental Health Act 1983
Mental Health Act 2007
Mental Capacity Act 2005
Health and Social Care Act 2008
Health and Social Care Act 2012
National Health Service Act 2006
National Health Service (Community Health and Standards) Act 2003
Health Act 1999
Health Act 2006
Health and Medicines Act 1988
National Health Service and Community Care Act 1990
Public Health (Control of Disease) Act 1984
Public Health Act 1936
Public Health Act 1961
Public Health Act 1984
Public Health (Infectious Diseases) Regulations 1988 (SI 1988/1546)
Public Health (Notification of Infectious Diseases) Regulations 2010 (SI 2010/659)
Civil Aviation Act 1982
Transport Act 2000
Railways Act 1993
Railways Act 2005
Transport and Works Act 1992
Road Traffic Act 1988
Road Traffic Act 1991
Road Traffic (New Drivers) Act 1995
Road Safety Act 2006
Traffic Management Act 2004
London Local Authorities and Transport for London Act 2003
Greater London Authority Act 1999
Greater London Authority Act 2007
Local Transport Act 2008
Bus Services Act 2017
Railways and Transport Safety Act 2003
Channel Tunnel Rail Link Act 1996
Crossrail Act 2008
High Speed Rail (London - West Midlands) Act 2017
High Speed Rail (West Midlands - Crewe) Act 2021
Environment Act 1995
Environment Act 2021
Environmental Protection Act 1990
Water Industry Act 1991
Water Act 2003
Water Act 2014
Flood and Water Management Act 2010
Climate Change Act 2008
Climate Change and Sustainable Energy Act 2006
Energy Act 2004
Energy Act 2008
Energy Act 2010
Energy Act 2011
Energy Act 2013
Energy Act 2016
Electricity Act 1989
Gas Act 1986
Gas Act 1995
Utilities Act 2000
Sustainable Energy Act 2003
Clean Neighbourhoods and Environment Act 2005
Waste and Emissions Trading Act 2003
Pollution Prevention and Control Act 1999
Clean Air Act 1993
Clean Air Act 1956
Clean Air Act 1968
Noise and Statutory Nuisance Act 1993
Control of Pollution Act 1974
Wildlife and Countryside Act 1981
Countryside and Rights of Way Act 2000
Natural Environment and Rural Communities Act 2006
Marine and Coastal Access Act 2009
Marine Act (Scotland) 2010
Forestry Act 1967
Forestry Act 1979
Forestry Act 1981
Forestry Act 1986
Forestry Act 1991
Plant Health Act 1967
Agriculture Act 1947
Agriculture Act 1970
Agriculture Act 1986
Agriculture Act 1993
Agriculture Act 1997
Agriculture Act 2020
Common Agricultural Policy Act 1993
Food and Environment Protection Act 1985
Food Safety Act 1990
Food Standards Act 1999
Food Act 1984
Food and Drugs Act 1955
Medicines Act 1968
Medicines Act 1971
Medicines Act 1972
Medicines Act 1973
Medicines Act 1974
Medicines Act 1978
Medicines Act 1982
Medicines Act 1992
Medicines Act 1994
Medicines for Human Use (Marketing Authorisations Etc) Regulations 1994 (SI 1994/3144)
Medicines for Human Use (Clinical Trials) Regulations 2004 (SI 2004/1031)
Medicines (Advertising) Regulations 1994 (SI 1994/1932)
Medicines (Pharmacies) (Applications for Registration and Fees) Regulations 2013 (SI 2013/1784)
Misuse of Drugs Act 1971
Misuse of Drugs Act 1973
Misuse of Drugs Act 1985
Misuse of Drugs Act 2001
Drugs (Prevention of Misuse) Act 1964
Drug Trafficking Act 1994
Drug Trafficking Offences Act 1986
Criminal Justice (International Co-operation) Act 1990
Proceeds of Crime Act 2002
Serious Organised Crime and Police Act 2005
Crime and Courts Act 2013
Serious Crime Act 2007
Serious Crime Act 2015
Criminal Finances Act 2017
Policing and Crime Act 2009
Policing and Crime Act 2017
Police Reform Act 2002
Police Reform and Social Responsibility Act 2011
Police and Magistrates' Courts Act 1994
Police Act 1996
Police Act 1997
Police (Conduct) Regulations 2012 (SI 2012/2632)
Police (Complaints and Misconduct) Regulations 2012 (SI 2012/1204)
Police (Performance) Regulations 2012 (SI 2012/2633)
Police (Promotion) Regulations 1996 (SI 1996/2157)
Police (Conduct) Regulations 2008 (SI 2008/2864)
Police (Complaints and Misconduct) Regulations 2004 (SI 2004/645)
Police (Performance) Regulations 2008 (SI 2008/2865)
Police (Promotion) Regulations 2008 (SI 2008/2866)
Firearms Act 1968
Firearms Act 1982
Firearms (Amendment) Act 1988
Firearms (Amendment) Act 1997
Firearms (Amendment) (No 2) Act 1997
Anti-social Behaviour Act 2003
Anti-social Behaviour, Crime and Policing Act 2014
Violent Crime Reduction Act 2006
Knives Act 1997
Offensive Weapons Act 1996
Offensive Weapons Act 2019
Prevention of Crime Act 1953
Criminal Justice Act 1988
Criminal Justice (Terrorism and Conspiracy) Act 1998
Terrorism Act 2000
Terrorism Act 2006
Counter-Terrorism Act 2008
Terrorism Prevention and Investigation Measures Act 2011
Counter-Terrorism and Security Act 2015
Investigatory Powers Act 2016
Justice and Security Act 2013
Inquiries Act 2005
Inquiries (Scotland) Act 2005
Coroners and Justice Act 2009
Coroners Act 1988
Coroners Act 1998
Coroners (Amendment) Act 1926
Coroners (Amendment) Act 1954
Coroners (Amendment) Act 1980
Coroners (Amendment) Act 1984
Coroners (Amendment) Act 1998
Coroners (Amendment) Act 2000
Coroners (Amendment) Act 2002
Coroners (Amendment) Act 2005
Coroners (Amendment) Act 2007
Coroners (Amendment) Act 2009
Coroners (Amendment) Act 2010
Coroners (Amendment) Act 2011
Coroners (Amendment) Act 2012
Coroners (Amendment) Act 2013
Coroners (Amendment) Act 2014
Coroners (Amendment) Act 2015
Coroners (Amendment) Act 2016
Coroners (Amendment) Act 2017
Coroners (Amendment) Act 2018
Coroners (Amendment) Act 2019
Coroners (Amendment) Act 2020
Coroners (Amendment) Act 2021
Coroners (Amendment) Act 2022
Coroners (Amendment) Act 2023
Coroners (Amendment) Act 2024

ai analysis

Case Summary

Key Issues

{"issue_text":"Whether applicants were being sued in their official capacity in case number HC 541/18","issue_type":"mixed","dispositive":"no","related_facts":"Applicants were police officers; judgment entered jointly and severally"}
{"issue_text":"Whether the applicants have made any case for the relief sought","issue_type":"procedural","dispositive":"yes","related_facts":"No appeal filed; wrong procedure adopted"}

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background

Facts of the Case

Background

Applicants sought to permanently stay execution of a damages award for wrongful arrest and detention granted against them in HC 541/18. The judgment was granted on 28 February 2019 and remains extant. Applicants took no action until respondent attempted execution in September 2019.

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