Minister of Defence, Security & War Veterans Affairs (N.O) v Andy Manyeruke and Minister of Defence, Security & War Veterans Affairs (N.O) v Dzikamai Chivhanga

HH 389-21

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Case Details

Court

Harare High Court

Date

28 July 2021

Citation

HH 389-21

Neutral Citation

[2021] ZWHH 389

Outcome

unknown

Case Type

Application

Bench

Presiding

Muremba J

Full Bench

Muremba J

Areas of Law

Civil procedureAffidavit evidenceVicarious liability

Keywords

Late filingFounding affidavitHearsay evidenceRule 84Upliftment of bar

Tags

Vicarious liabilityProcedural irregularityAffidavit validity

legislation

Statutes Cited

Mental Health Act 1983
Human Rights Act 1998
European Convention on Human Rights
Civil Procedure Rules 1998
Supreme Court Act 1981
County Courts Act 1984
Access to Justice Act 1999
Legal Services Act 2007
Mental Capacity Act 2005
National Health Service Act 2006
Health and Social Care Act 2008
Data Protection Act 1998
Freedom of Information Act 2000
Public Interest Disclosure Act 1998
Employment Rights Act 1996
Equality Act 2010
Mental Health (Discrimination) Act 2013
Care Act 2014
Children Act 1989
Children Act 2004
Education Act 1996
Special Educational Needs and Disability Act 2001
Health Act 2006
Smoking, Health and Social Care (Scotland) Act 2005
Tobacco and Primary Medical Services (Scotland) Act 2010
Public Health (Wales) Act 2017
Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016
Psychoactive Substances Act 2016
Misuse of Drugs Act 1971
Drugs Act 2005
Criminal Justice Act 2003
Police and Criminal Evidence Act 1984
Prosecution of Offences Act 1985
Serious Organised Crime and Police Act 2005
Coroners and Justice Act 2009
Legal Aid, Sentencing and Punishment of Offenders Act 2012
Criminal Cases Review Commission Act 1995
Criminal Appeal Act 1995
Criminal Procedure Rules 2015
Senior Courts Act 1981
Constitutional Reform Act 2005
Inquiries Act 2005
Tribunals, Courts and Enforcement Act 2007
Courts Act 2003
Crime and Courts Act 2013
Judicial Review and Courts Act 2022
Police, Crime, Sentencing and Courts Act 2022
Public Order Act 1986
Anti-social Behaviour, Crime and Policing Act 2014
Terrorism Act 2000
Anti-terrorism, Crime and Security Act 2001
Prevention of Terrorism Act 2005
Counter-Terrorism Act 2008
Terrorism Prevention and Investigation Measures Act 2011
Counter-Terrorism and Security Act 2015
Investigatory Powers Act 2016
Investigatory Powers Act 2000
Regulation of Investigatory Powers Act 2000
Protection of Freedoms Act 2012
Surveillance Camera Code of Practice Act 2013
Digital Economy Act 2010
Digital Economy Act 2017
Communications Act 2003
Broadcasting Act 1996
Broadcasting Act 1990
Wireless Telegraphy Act 2006
Postal Services Act 2000
Postal Services Act 2011
Copyright, Designs and Patents Act 1988
Trade Marks Act 1994
Patents Act 1977
Registered Designs Act 1949
Intellectual Property Act 2014
Enterprise and Regulatory Reform Act 2013
Small Business, Enterprise and Employment Act 2015
Companies Act 2006
Insolvency Act 1986
Company Directors Disqualification Act 1986
Financial Services and Markets Act 2000
Banking Act 2009
Financial Services Act 2012
Financial Services (Banking Reform) Act 2013
Bank of England Act 1998
Bank of England Act 1946
Currency and Banknotes Act 1954
Coinage Act 1971
Forgery and Counterfeiting Act 1981
Proceeds of Crime Act 2002
Serious Crime Act 2007
Serious Crime Act 2015
Criminal Finances Act 2017
Money Laundering Regulations 2007
Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017
Bribery Act 2010
Fraud Act 2006
Theft Act 1968
Theft Act 1978
Theft (Amendment) Act 1996
Computer Misuse Act 1990
Identity Cards Act 2006
Identity Documents Act 2010
Immigration Act 1971
Immigration Act 1988
Immigration and Asylum Act 1999
Nationality, Immigration and Asylum Act 2002
Asylum and Immigration (Treatment of Claimants, etc.) Act 2004
Immigration, Asylum and Nationality Act 2006
UK Borders Act 2007
Borders, Citizenship and Immigration Act 2009
Immigration Act 2014
Immigration Act 2016
Nationality and Borders Act 2022
British Nationality Act 1981
British Nationality (Falkland Islands) Act 1983
British Overseas Territories Act 2002
British Nationality (Hong Kong) Act 1997
British Citizenship (Northern Ireland) Act 1999
British Nationality (Proof of Paternity) Regulations 2006
Social Security Contributions and Benefits Act 1992
Social Security Administration Act 1992
Welfare Reform Act 2007
Welfare Reform Act 2012
Welfare Reform and Work Act 2016
Social Security Act 1998
Child Support Act 1991
Child Support, Pensions and Social Security Act 2000
Child Maintenance and Other Payments Act 2008
Welfare Benefits Up-rating Act 2013
Welfare Benefits Up-rating Act 2015
State Pension Credit Act 2002
Pensions Act 1995
Pensions Act 2004
Pensions Act 2007
Pensions Act 2008
Pensions Act 2011
Pensions Act 2014
Pensions Act 2015
Pension Schemes Act 1993
Pension Schemes Act 2015
Occupational Pension Schemes (Preservation of Benefit) Regulations 1991
Personal Accounts Delivery Authority Act 2009
Public Service Pensions Act 2013
Local Government Pension Scheme Regulations 2013
Local Government Pension Scheme Regulations 2014
Local Government Pension Scheme (Transitional Provisions, Savings and Amendment) Regulations 2014
Local Government Pension Scheme (Management and Investment of Funds) Regulations 2016
Local Government Pension Scheme (Benefits, Membership and Contributions) Regulations 2007
Local Government Pension Scheme (Administration) Regulations 2008
Local Government Pension Scheme (Governance) Regulations 2011
Local Government Pension Scheme (Miscellaneous) Regulations 2014
Local Government Pension Scheme (Miscellaneous Amendment) Regulations 2015
Local Government Pension Scheme (Miscellaneous Amendment) Regulations 2016
Local Government Pension Scheme (Miscellaneous Amendment) Regulations 2017
Local Government Pension Scheme (Miscellaneous Amendment) Regulations 2018
Local Government Pension Scheme (Miscellaneous Amendment) Regulations 2019
Local Government Pension Scheme (Miscellaneous Amendment) Regulations 2020
Local Government Pension Scheme (Miscellaneous Amendment) Regulations 2021
Local Government Pension Scheme (Miscellaneous Amendment) Regulations 2022
Local Government Pension Scheme (Miscellaneous Amendment) Regulations 2023
Local Government Pension Scheme (Miscellaneous Amendment) Regulations 2024

ai analysis

Case Summary

Key Issues

{"issue_text":"Whether a legal practitioner can depose to a founding affidavit on behalf of a client without personal knowledge of the facts","issue_type":"procedural","dispositive":"yes","related_facts":"Legal practitioner deposed to affidavit detailing events at Defence Forces offices she did not witness"}
{"issue_text":"Whether a supporting affidavit can cure defects in an invalid founding affidavit","issue_type":"procedural","dispositive":"yes","related_facts":"Supporting affidavit by Vote Albert Murove was only 6 paragraphs and lacked detail"}

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background

Facts of the Case

Background

The applicant, being sued vicariously for damages by two respondents who were allegedly shot by army personnel, filed applications to uplift a bar after late entry of appearances to defend. The applications were supported by founding affidavits deposed to by the applicant's legal practitioner who lacked personal knowledge of the facts, rendering the affidavits invalid.

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