MANJORO v MINISTER OF HOME AFFAIRS & ORS 2015 (1) ZLR 872 (H)
Citation | 2015 (1) ZLR 872 (H) |
Case No | Judgment No. HH-536-15 |
Court | High Court, Harare |
Judge | Muremba J |
Heard | 28 May 2015; CAV |
Judgment | 17 June 2015 |
Counsel | N P Timba, for the plaintiff |
Case Type | Opposed application |
Annotations | No case annotations to date |
Flynote
Delict – actio injuriarum – wrongful arrest and imprisonment and malicious prosecution arising therefrom – when cause of action arises – no action lying until criminal proceedings terminated in favour of plaintiff
Police – action against – prescription – cause of action founded in delict – prescription period provided by Police Act [Chapter 11:10] applicable
Practice and procedure – parties – police – action against – prescription period applicable
Prescription – extinctive – action against police – action must be brought within period prescribed by Police Act [Chapter 11:10] – normal period provided by s 15 of the Prescription Act [Chapter 8:11] not applicable – cause of action – when arises – arises when every act material to prove plaintiff's case has occurred
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