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REID-DALY v HICKMAN AND OTHERS (1) 1980 ZLR 201 (G)

1980 ZLR p201

Citation

1980 ZLR 201 (G)

Case No

Details not supplied

Court

General Division, Salisbury

Judge

Waddington, J

Heard

19th June, 1980; 20th June, 1980; 23rd June, 1980; 3rd July, 1980

Judgment

3rd July, 1980

Counsel

R R Horn SC and R Jagger for the defendants in the special plea.
K H Andrew and AP de Bourbon for the Plaintiff in the special plea.

Case Type

Special Plea

Annotations

No case annotations to date

Flynote

Statutes — Defence Act [Chapter 9] — Defence Forces (Discipline) Regulations, 1978 — redress procedure — whether Court's jurisdiction ousted by statutory provisions as a necessary implication — Plaintiff not challenging redress procedure — consideration of English decisions — actions brought by Army officers covering

1980 ZLR p202

purely military matters not cognizable by Court of law — reviewable only if military authorities exceeded jurisdiction — Legislature intended Army Hers to be respected to redress procedures.

State Liabilities Act [Chapter 54] — Minister's liability vicarious — no action if Court precluded from inquiring info other defendants' liability.

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