Luke Davies v Premier Finance Group Limited

HH 235-2010

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Case Details

Court

Harare High Court

Date

26 October 2010

Citation

HH 235-2010

Neutral Citation

[2010] ZWHH 235

Outcome

unknown

Case Type

Trial

Bench

Presiding

Patel J

Full Bench

Patel J

Areas of Law

DelictEmployment LawCivil Procedure

Keywords

malicious prosecutiondisciplinary hearingdamagesemployment termination

Key Issues

{"issue_text":"Whether the disciplinary proceedings were instituted without reasonable and probable cause","issue_type":"mixed","dispositive":"yes","related_facts":"Plaintiff's detailed responses to allegations, acquittal on five of six charges, eventual complete acquittal by arbitrator"}
{"issue_text":"Whether the defendant's conduct was actuated by malice or improper motive","issue_type":"mixed","dispositive":"yes","related_facts":"Plaintiff's claim that officers wanted to prevent interference with fraud, exclusion from investigation process"}
{"issue_text":"Whether defendant is vicariously liable for its officers' actions","issue_type":"law","dispositive":"no","related_facts":"Officers were senior managers performing disciplinary functions"}

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background

Facts of the Case

Background

The plaintiff, a former employee of the defendant company, claimed US$150,000 damages for malicious prosecution arising from disciplinary proceedings instituted against him in 2008. The defendant denied malice and maintained the proceedings were properly instituted.

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