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Harare High Court
Brighton Ndlovu v Debshan (Pvt) Ltd and Judah Mpofu
HH 362-2012
Case Details
Court
Harare High Court
Date
14 June 2012
Citation
HH 362-2012
Neutral Citation
[2012] ZWHH 362
Outcome
unknown
Case Type
Trial
Bench
Presiding
Mutema J
Full Bench
Mutema J
Areas of Law
DelictCivil procedurePleadings
Keywords
Aquilian actionFault requirementWrongfulnessDeclaration defectPoint in limine
Tags
Aquilian liabilityVicarious liabilityAssaultFirearm discharge
legislation
Statutes Cited
- High Court Rules, 1971
- High Court Rules, 1971
- High Court Rules, 1971
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether plaintiff's declaration fatally defective for failing to plead fault element in Aquilian action","issue_type":"procedural","dispositive":"yes","related_facts":"Declaration alleged only wrongfulness/unlawfulness, not fault"}
- {"issue_text":"Whether point in limine can be raised at trial stage after plea and pre-trial conference","issue_type":"procedural","dispositive":"no","related_facts":"First defendant pleaded without objection and participated in pre-trial conference"}
- {"issue_text":"Whether damages claimable in US dollars for 2008 delict","issue_type":"mixed","dispositive":"no","related_facts":"Delict occurred in 2008 when Zimbabwe used Zimbabwe dollars"}
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background
Facts of the Case
Background
Plaintiff sued defendants jointly and severally for US$78,000 damages after second defendant, a farm guard employed by first defendant, allegedly shot plaintiff at Debshan Ranch in April 2008. First defendant raised point in limine at trial arguing declaration fatally defective for failing to plead fault element of Aquilian action.
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