CHITUKU v MIN OF HOME AFFAIRS & ORS 2004 (1) ZLR 36 (H)
Citation | 2004 (1) ZLR 36 (H) |
Case No | Judgment No. HH-6-04 |
Court | High Court, Harare |
Judge | Makarau J |
Heard | 2 April 2003 |
Judgment | 14 January 2004 |
Counsel | M Hogwe, for the plaintiff |
Case Type | Civil trial |
Annotations | Link to case annotations |
Flynote
Constitutional law — Constitution of Zimbabwe 1980 —Declaration of Rights — s 15(1) —inhuman or degrading punishment or treatment — meaning of — s 24 — application under— powers of Supreme Court—whether can award damages
Court — High Court — jurisdiction — court's jurisdiction to afford relief in event of breach of accused person's constitutional rights — breach founding claim under actio injuriarum — claim properly before court
Delict — actio injuriarum — extent of — act violating dignity of plaintiff — includes inhuman or degrading treatment of an arrested or detained person
Words and phrases — "inhuman or degrading punishment or treatment"
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