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Harare High Court
Stephen T Banda and Flint Chombo Chisuko and Patrick Wengai Zhuwau v Mutual Finance (Private) Limited
HH 154-18
Case Details
Court
Harare High Court
Date
21 March 2018
Citation
HH 154-18
Neutral Citation
[2018] ZWHH 154
Outcome
unknown
Case Type
Trial
Bench
Presiding
Dube J
Full Bench
Dube J
Areas of Law
DelictMalicious ProsecutionEmployment Law
Keywords
malicious prosecutiondamagesdisorderly conductacquittalproteststone incident
Tags
malicious prosecutiondamagesdisorderly conductemployment dispute
legislation
Statutes Cited
- Criminal Law Codification and Reform Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether defendant intentionally, maliciously and frivolously caused criminal prosecution against plaintiffs","issue_type":"mixed","dispositive":"yes","related_facts":"Defendant reported incident to police; police arrested and prosecuted plaintiffs"}
- {"issue_text":"Whether plaintiffs suffered damages as direct result of defendant's conduct","issue_type":"mixed","dispositive":"no","related_facts":"Plaintiffs lost employment and claimed reputational damage"}
- {"issue_text":"Whether defendant is liable for damages for malicious prosecution","issue_type":"law","dispositive":"yes","related_facts":"All facts relating to prosecution and defendant's role"}
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background
Facts of the Case
Background
Three security guards employed by Mutual Finance demonstrated at their workplace over a colleague being forced to carry a stone as punishment. They were arrested for disorderly conduct, prosecuted and acquitted. They sued their employer for malicious prosecution claiming damages for loss of reputation, humiliation and loss of employment.
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