MUSADZIKWA v MINISTER OF HOME AFFAIRS & ANOR 2000 (1) ZLR 405 (H)
Citation | 2000 (1) ZLR 405 (H) |
Case No | Judgment No. HH-74-00 |
Court | High Court, Harare |
Judge | Chatikobo J |
Heard | 9 March 2000; 10 March 2000; 15 March 2000 |
Judgment | 29 March 2000 |
Counsel | Miss W T Miles, for the plaintiff |
Case Type | Details not supplied |
Annotations | Link to case annotations |
Flynote
Delict — liability — personal injury — injury caused by police acting in defence of third party property and restoring and maintaining law and order — use of force — use of firearms — when police entitled to use firearms — nature of firearms being used — use of military weapons not justified — innocent party hit by ricocheting bullet — entitled to damages
Police — duties — act in defence of third party property — restore and maintain law and order — use of force — use of firearms — when police entitled to use firearms — nature of firearms being used — use of military weapons not justified — innocent party hit by ricocheting bullet — entitled to damages
Practice and procedure — pleadings — extent to which parties are bound by pleadings — real dispute between parties not apparent from pleadings but thoroughly investigated during trial — court entitled to decide case on basis of real dispute
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