LOCAL AUTHORITIES PENSION FUND v NYAKWAWA & ORS 2015 (1) ZLR 103 (H)

2015 (1) ZLR p103

Flynote

Delict – liability – breach of statutory duty – need to show duty towards plaintiff – need for plaintiff to specify what statutory provisions were breached

Delict – liability – vicarious liability – principles – theft of goods by defendant's employee – need for plaintiff to have entrusted goods to defendant

Delict – negligence – liability for – need for duty of care to plaintiff to exist – negligence in the air insufficient – bank employees creating fraudulent accounts to store money stolen from plaintiff by plaintiff's employees – plaintiff not a customer of bank – no duty of care owed

Practice and procedure – exception – purpose of – allegation that declaration does not disclose cause of action – pleading only excipiable if no possible evidence can disclose cause of action