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Harare High Court
Emmanuel Admire Jera v Sarah Hwengere
HH 33-18
Case Details
Court
Harare High Court
Date
24 January 2018
Citation
HH 33-18
Neutral Citation
[2018] ZWHH 33
Outcome
unknown
Case Type
Trial
Bench
Presiding
Foroma J
Full Bench
Foroma J
Areas of Law
Delictual liabilityMalicious prosecution
Keywords
malicious arrestmalicious prosecutiondamagesreasonable causemalice
Tags
malicious prosecutionfalse imprisonmentdamages
legislation
Statutes Cited
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ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the allegations and proceedings against plaintiff were motivated by malice and without legal basis","issue_type":"mixed","dispositive":"yes","related_facts":"Defendant's report to police, plaintiff's arrest and prosecution"}
- {"issue_text":"Whether plaintiff suffered damages and if so, what quantum","issue_type":"fact","dispositive":"no","related_facts":"Plaintiff's detention and imprisonment"}
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background
Facts of the Case
Background
The plaintiff sued for damages for malicious arrest and prosecution after being acquitted on appeal of theft charges. The defendant had reported to police that her plough borrowed by plaintiff was missing, leading to plaintiff's arrest and prosecution.
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