SANANGURA v ECONET WIRELESS (PVT) LTD & ORS 2012 (2) ZLR 304 (H)
Citation | 2012 (2) ZLR 304 (H) |
Case No | Judgment No. HH-398-12 |
Court | High Court, Harare |
Judge | Kudya J |
Heard | 5 September 2012; 6 September 2012; 7 September 2012; 2 October 2012; 4 October 2012; CAV |
Judgment | 17 October 2012 |
Counsel | N Chikono, for the plaintiff |
Case Type | Civil trial |
Annotations | No case annotations to date |
Flynote
Damages – delictual – failure to quantify loss of earnings and payment of legal fees – absolution from the instance granted
Delict – actio injuriarum – defamation – qualified privilege – presumption of animus injuriandi – when arises – displacement of presumption – onus upon plaintiff to prove animus injuriandi – defendant writing defamatory letter without full knowledge of the facts – animus injuriandi established – assessment of damages
Delict – actio injuriarum – malicious prosecution – malice – wide meaning of – several potential defendants – plaintiff having choice against whom to proceed – malice established – liability of defendants for damages arising from malicious prosecution – assessment of damages
Practice and procedure – parties – choice of – action for malicious prosecution – several potential defendants – plaintiff having choice against whom to proceed
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