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Harare High Court
Petros Sokole v The Minister of Home Affairs N.O and The Commissioner General of Police N.O
HH 461-25
Case Details
Court
Harare High Court
Date
30 July 2025
Citation
HH 461-25
Neutral Citation
[2025] ZWHH 461
Outcome
unknown
Case Type
Trial
Bench
Presiding
Dembure J
Full Bench
Dembure J
Areas of Law
Delictual liabilityCivil procedurePrescription
Keywords
unlawful arrest and detentionspecial pleaprescriptionPolice Act section 70
Tags
unlawful arrestprescriptionPolice Actspecial plea
legislation
Statutes Cited
- Police Act
- Constitution of Zimbabwe
- Constitution of Zimbabwe
- State Liabilities Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the plea of prescription was properly raised as a special plea","issue_type":"procedural","dispositive":"no","related_facts":"Defendants raised prescription in plea under heading \"IN LIMINE\""}
- {"issue_text":"Whether the plaintiff's claim has prescribed in terms of section 70 of the Police Act","issue_type":"mixed","dispositive":"yes","related_facts":"Cause of action arose 26 August 2016, summons served 16 November 2017"}
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background
Facts of the Case
Background
The plaintiff was arrested by police on 26 August 2016 and acquitted on 22 March 2017. He issued summons for damages for unlawful arrest and detention on 30 October 2017 and served them on 16 November 2017. The defendants raised a special plea of prescription in terms of section 70 of the Police Act, which requires civil proceedings to be commenced within eight months after the cause of action arose.
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