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THOMAS v COMMISSIONER OF WAR VICTIMS PENSIONS & ANOR 2005 (1) ZLR 72 (S)

2005 (1) ZLR p72

Citation

2005 (1) ZLR 72 (H)

Case No

Judgment No. S-128-04

Court

Supreme Court, Harare

Judge

Chidyausiku CJ, Ziyambi JA & Malaba JA

Heard

23 September 2004

Judgment

27 January 2005

Counsel

Charles Thomas & Partners, appellant's legal practitioners
Civil Division of the Attorney-General's Office, respondents' legal practitioners

Case Type

Civil appeal

Annotations

No case annotations to date

Flynote

Pensions — disablement pension — disablement due to injury sustained during war in Zimbabwe — to whom such pension payable — need for person to have been engaged in an occupation and in receipt of earnings when injury sustained — unemployed minor sustaining injury — no pension payable

Statutes — War Victims Compensation Act [Chapter 11:16] — disablement pension payable under Act — to whom such pension payable — need for claimant to have been engaged in an occupation and in receipt of earnings when injury sustained — unemployed minor sustaining injury — no pension payable — degree of disablement — claimant must show that disablement had reached a final and stationary condition — must also show that he had not lost his employment as a result of his disablement or suffered similar loss

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