Trevor Simbanegavi v Officer Jachi

HH 40-13

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Case Details

Court

Harare High Court

Date

20 February 2013

Citation

HH 40-13

Neutral Citation

[2013] ZWHH 40

Outcome

unknown

Case Type

Trial

Bench

Presiding

MAKONI J

Full Bench

MAKONI J

Areas of Law

Delictual lawConstitutional law

Keywords

DamagesShootingAmputationUnopposedDefault judgment

Key Issues

{"issue_text":"Whether the plaintiff is entitled to damages for contumelia and loss of amenities of life","issue_type":"law","dispositive":"yes","related_facts":"Plaintiff's claim for $50,000 for contumelia and $100,000 for loss of amenities"}
{"issue_text":"Whether the plaintiff has provided sufficient evidence for special damages of $11,367.00","issue_type":"fact","dispositive":"yes","related_facts":"Medical expenses incurred by plaintiff"}
{"issue_text":"What amount should be awarded for shock, pain and suffering","issue_type":"mixed","dispositive":"yes","related_facts":"Plaintiff's injuries and ongoing pain"}

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background

Facts of the Case

Background

On 8 December 2010, the plaintiff was approached by the defendant and other CID officers in Avonlea Drive. The defendant ordered the plaintiff out of his vehicle, accused him of stealing it, and shot him six times in the legs despite his protests of innocence. The plaintiff sustained severe injuries requiring amputation of his left leg and insertion of steel plates in his right leg, resulting in 63% disability.

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