NHERERA v SHAH 2019 (2) ZLR 462 (S)

2019 (2) ZLR p462

Flynote

Appeal – criminal case – High Court quashing criminal conviction pursuant to Attorney-General conceding appeal – legal effect – conviction fully and finally quashed – whether such judgment satisfies requirement under the delict of malicious prosecution that the prosecution must have failed

Delict – actio injuriarum – malicious arrest, prosecution and detention – requirements to establish – malice – acting without reasonable and probable cause – what must be shown to establish malice

Practice and procedure – absolution from the instance – decision as to whether plaintiff had established prima facie case – court placing reliance on evidence, findings and judgment given at prior separate criminal proceedings – when court may do so in order to make its own findings on an application for absolution from the instance