REID-DALY v HICKMAN AND OTHERS (2) 1980 ZLR 540 (A)
Citation | 1980 ZLR 540 (A) |
Case No | Details not supplied |
Court | Appellate Division, Salisbury |
Judge | Fieldsend CJ, Lewis JP, and Goldin JA |
Heard | 4th December, 1980; 23rd December, 1980 |
Judgment | 23rd December, 1980 |
Counsel | A P de Bourbon for the appellant. |
Case Type | Civil Appeal |
Annotations | Link to case annotations |
Flynote
Statutes — Defence Act [Chapter 94] — Defence Forces (Disciplined) Regulations, 1978 — whether jurisdiction of civil Courts ousted by regulations — provision, of extra judicial remedies — differential treatment between officers — absence of provision for award of pecuniary damages — exclusion criminal jurisdiction — no necessary implication that regulations bar recourse to civil Courts.
Consideration of English decisions — officers liable civilly for common law wrongs committed in excess of military jurisdiction — invasion of plaintiff's privacy by use of listening device and copying personal documents — conduct prima facie in excess of jurisdiction of military officer.
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