Nyasha Gutsire v Mathew Makanyanga and Nicholas Matsivira

HH 290-11

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Case Details

Court

Harare High Court

Date

30 October 2011

Citation

HH 290-11

Neutral Citation

[2011] ZWHH 290

Outcome

unknown

Case Type

Trial

Bench

Presiding

Karwi J

Full Bench

Karwi J

Areas of Law

Delictual liabilityUnlawful arrest and detentionPain and suffering damages

Keywords

unlawful arrestassaultpolitical violencedamagescontumelia

Key Issues

{"issue_text":"Whether defendants are liable for damages for unlawful arrest, detention and assault of plaintiff","issue_type":"mixed","dispositive":"yes","related_facts":"Plaintiff was forcibly taken from lorry, denied disembarking at destination, taken to political base and assaulted"}
{"issue_text":"Whether the arrest of plaintiff by defendants was lawful","issue_type":"law","dispositive":"no","related_facts":"Plaintiff was held by belt, not taken to police station, taken to political base instead"}
{"issue_text":"Whether defendants acted in common purpose with those who assaulted plaintiff","issue_type":"fact","dispositive":"no","related_facts":"Defendants took plaintiff to base where they knew he would be assaulted, remained with him under guard"}

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Facts of the Case

Background

The plaintiff claimed damages from defendants for unlawful arrest, assault and detention that occurred on 22 June 2008 when he was abducted by the defendants, members of Zanu PF, and taken to a political base where he was severely assaulted after being accused of supporting the MDC party.

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