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Harare High Court
Rita Marque Mbatha v Justice Catherine Bachi-Mzawazi
HH 258-23
Case Details
Court
Harare High Court
Date
26 April 2023
Citation
HH 258-23
Neutral Citation
[2023] ZWHH 258
Outcome
unknown
Case Type
Application
Bench
Presiding
Mangota J
Full Bench
Mangota J
Areas of Law
Civil ProcedureDelictConstitutional Law
Keywords
Rule 12(21)High Court Rules 2021judicial immunitycause of actiondefamationactio injuriarum
Tags
judicial immunityleave to sueRule 12(21)
legislation
Statutes Cited
- High Court Rules, 2021
- Criminal Law (Codification and Reform) Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the applicant has established a valid cause of action to justify leave to sue a sitting judge under Rule 12(21)","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant's failure to specify exact words or legal basis for claim"}
- {"issue_text":"Whether the applicant's allegations meet the requirements for defamation or actio injuriarum","issue_type":"mixed","dispositive":"no","related_facts":"General allegations without specific defamatory words"}
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background
Facts of the Case
Background
The applicant sought leave to sue a sitting judge alleging that the judge had traumatized, threatened and shouted at her during chambers and open court proceedings. The application was brought under Rule 12(21) of the High Court Rules, 2021 which requires leave to sue the President or any judge.
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