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Case Details
Court
Harare High Court
Date
21 May 2008
Citation
HH 43/08
Neutral Citation
[2008] ZWHH 43
Outcome
unknown
Case Type
Appeal
Bench
Presiding
Makarau JP
Full Bench
Makarau JPHlatshwayo J
Areas of Law
DelictCivil Procedure
Keywords
malicious injury to propertycompensationcriminal court awardres judicatadouble compensation
Tags
malicious injury to propertycompensationres judicata
legislation
Statutes Cited
- {'**statute_name**': 'Criminal Procedure and Evidence Act', '**chapter**': '[Chapter 9:07]', '**section**': '362', '**subsection**': '(1)', '**treatment**': 'applied', '**for_proposition**': 'empowers a criminal court to award compensation to any person whose property right has been lost or diminished as a direct result of the offence.', '**interpretation**': 'read literally; the magistrate’s court had jurisdiction to make the $20 000 compensation order.', '**verbatim**': '“a court which has convicted a person of an offence may forthwith award compensation to any person whose right or interest in property of any description has been lost or diminished as a direct result of the offence.”'}
- {'**statute_name**': 'Criminal Procedure and Evidence Act', '**chapter**': '[Chapter 9:07]', '**section**': '372', '**treatment**': 'applied', '**for_proposition**': 'once recorded with the clerk/registrar, a criminal-compensation order “shall have the same effect as a civil judgment”.', '**interpretation**': 'the compensation order is conclusively res judicata between the parties.', '**verbatim**': '“the award or order shall have the same effect as a civil judgment of the court given against the person who is named in the order as being liable to pay the compensation …”'}
- {'**statute_name**': 'Criminal Procedure and Evidence Act', '**chapter**': '[Chapter 9:07]', '**section**': '374', '**treatment**': 'applied', '**for_proposition**': 'creates an absolute statutory bar against any further civil remedy in respect of the same loss once a compensation order has been made.', '**interpretation**': 'claimant is “debarred from further civil remedy” save for enforcement of the order itself.', '**verbatim**': '“A convicted person against whom an award or order has been made … shall not be liable at the suit of the injured party … to any other civil proceedings … in respect of … the loss … in respect of which the award of compensation was made …”\n---\n### OTHER AUTHORITIES'}
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether appellant can claim additional compensation after accepting criminal court compensation and replacement door","issue_type":"law","dispositive":"yes","related_facts":"Appellant accepted $20,000 compensation and replacement door"}
This summary was generated by AI. Use Zalari to read the full judgment.
background
Facts of the Case
Background
The appellant and respondent were neighbours in Dangamvura, Mutare. On 2 June 2006, the respondent damaged the appellant's door during a misunderstanding. The respondent was convicted in criminal court and ordered to pay $20,000 compensation. The appellant later sued for additional compensation claiming the door's value had doubled and sought damages for a torn shirt.
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