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Harare High Court
Latson Zvinowanda v The Minister of Home Affairs N.O. (1) and The Commissioner General of Police N.O. (2)
HH 538-25
Case Details
Court
Harare High Court
Date
11 September 2025
Citation
HH 538-25
Neutral Citation
[2025] ZWHH 538
Outcome
unknown
Case Type
Trial
Bench
Presiding
Mambara J
Full Bench
Mambara J
Areas of Law
Delictual liabilityCivil procedureConstitutional rights
Keywords
unlawful arrestunlawful detentionprescriptionspecial pleaPolice Acts 70 Police ActState Liabilities Act
Tags
unlawful arrestunlawful detentionprescriptionspecial pleaPolice Act
legislation
Statutes Cited
- Police Act
- Constitution of Zimbabwe
- Constitution of Zimbabwe
- State Liabilities Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the defendants' plea of prescription was properly raised despite not being filed as separate special plea","issue_type":"procedural","dispositive":"yes","related_facts":"Defendants raised prescription as point in limine within general plea; plaintiff responded by replication"}
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background
Facts of the Case
Background
Plaintiff claimed damages for unlawful arrest and detention by police on 26 August 2016. Defendants raised prescription defence under s 70 of Police Act requiring action within 8 months. Plaintiff challenged procedural form of prescription plea rather than substance.
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