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WITHAM v MINISTER OF HOME AFFAIRS 1987 (2) ZLR 143 (H)

1987 (2) ZLR p143

Citation

1987 (2) ZLR 143 (H)

Case No

Details not supplied

Court

High Court, Harare

Judge

Ebrahim J

Heard

16 August 1987

Judgment

18 November 1987

Counsel

A P de Bourbon SC for the plaintiff
M T O'Meara for the defendant

Case Type

Civil trial

Annotations

Link to case annotations

Flynote

Delict — vicarious liability — mentally unstable policeman shooting member of public — whether acting in course of duty — negligence — foreseeability — danger foreseeable in allowing mentally unstable policeman to go on duty armed — duty of care of police to public — failure of police to warn public when aware that gunman at large in area.

Damages — loss of future earnings — extent to which husband can rely on support from wife — expected income from wife's own business — whether can be taken into account — pain and suffering — quantum — assessment.

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