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Harare High Court
Kerina Gweshe v Minister of Defence
HH 28-2006
Case Details
Court
Harare High Court
Date
1 March 2006
Citation
HH 28-2006
Neutral Citation
[2006] ZWHH 28
Outcome
unknown
Case Type
Trial
Bench
Presiding
Makarau J
Full Bench
Makarau J
Areas of Law
Delictual liabilityVicarious liabilityDamages
Keywords
Assault by soldiersVicarious liabilityPOSASecondmentDamages
Tags
Vicarious liabilityAssaultDamagesMilitary personnel
legislation
Statutes Cited
- Public Order and Security Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the defendant is vicariously liable for assault by soldiers on the plaintiff","issue_type":"law","dispositive":"yes","related_facts":"Soldiers were members of Zimbabwe National Army; soldiers assaulted plaintiff"}
- {"issue_text":"Whether soldiers who assaulted plaintiff were seconded under POSA section 37","issue_type":"fact","dispositive":"no","related_facts":"Soldiers wore red berets; Major Munyengeri's contingent wore green helmets"}
- {"issue_text":"What quantum of damages is appropriate for fractured ulna","issue_type":"mixed","dispositive":"yes","related_facts":"Plaintiff sustained fractured ulna; economic conditions in Zimbabwe"}
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background
Facts of the Case
Background
The plaintiff claimed damages for assault by Zimbabwe National Army soldiers who broke into her home, assaulted her and her husband, causing her a fractured ulna. The defendant denied liability arguing soldiers were seconded to police under POSA.
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