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Harare High Court
Eugenia Teera v The Minister of Defence
HH 21-2007
Case Details
Court
Harare High Court
Date
28 March 2007
Citation
HH 21-2007
Neutral Citation
[2007] ZWHH 21
Outcome
unknown
Case Type
Trial
Bench
Presiding
Hungwe J
Full Bench
Hungwe J
Areas of Law
DelictVicarious LiabilityState Liability
Keywords
assaultvicarious liabilityZimbabwe National Armydamagesdeserters
Tags
vicarious liabilityunlawful assaultdamagesstate liability
legislation
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ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the plaintiff has sued the correct defendant","issue_type":"mixed","dispositive":"no","related_facts":"Identity of assailants as ZNA soldiers"}
- {"issue_text":"Whether the plaintiff was assaulted by members of the defendant","issue_type":"factual","dispositive":"yes","related_facts":"Plaintiff's identification of soldiers, military equipment used"}
- {"issue_text":"Whether the defendant is vicariously liable for the assault","issue_type":"law","dispositive":"yes","related_facts":"Soldiers acting in course of employment, public policy considerations"}
- {"issue_text":"Whether plaintiff is entitled to damages and the quantum thereof","issue_type":"mixed","dispositive":"yes","related_facts":"Extent of injuries, medical evidence, inflation levels"}
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background
Facts of the Case
Background
The plaintiff, Eugenia Teera, claimed damages from the Minister of Defence after she was assaulted by men she identified as Zimbabwe National Army soldiers who entered her home in Glen View, Harare on 4 June 2003. The soldiers demanded to know the whereabouts of the local MP and assaulted her with rifle butts, truncheons and booted feet when she could not provide information.
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