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MASENDEKE v CHALIMBA & ORS 2014 (2) ZLR 63 (H)

2014 (2) ZLR p63

Citation

2014 (2) ZLR 63 (H)

Case No

Judgment No. HH-354-14

Court

High Court, Harare

Judge

Dube J

Heard

22 January 2014; CAV

Judgment

14 July 2014

Counsel

Mrs D Mandaza, for the plaintiff
RD P Drury, for the defendants

Case Type

Exception

Annotations

No case annotations to date

Flynote

Delict – actio injuriarum – wrongful arrest – what must be pleaded – not necessary to plead malice or animus inuriandi

Practice and procedure – summons – what summons should contain – need to outline grounds for claim and branch of law under claim is made – failure to do so – when different cause of action may be extracted from pleaded cause of action – need for facts pleaded to contain averments necessary to prove such other cause of action

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