MUSADZIKWA v MINISTER OF HOME AFFAIRS & ANOR 2000 (1) ZLR 405 (H)
Citation  | 2000 (1) ZLR 405 (H)  | 
Case No  | Judgment No. HH-74-00  | 
Court  | High Court, Harare  | 
Judge  | Chatikobo J  | 
Heard  | 9 March 2000; 10 March 2000; 15 March 2000  | 
Judgment  | 29 March 2000  | 
Counsel  | Miss W T Miles, for the plaintiff  | 
Case Type  | Details not supplied  | 
Annotations  | Link to case annotations  | 
Flynote
Delict — liability — personal injury — injury caused by police acting in defence of third party property and restoring and maintaining law and order — use of force — use of firearms — when police entitled to use firearms — nature of firearms being used — use of military weapons not justified — innocent party hit by ricocheting bullet — entitled to damages
Police — duties — act in defence of third party property — restore and maintain law and order — use of force — use of firearms — when police entitled to use firearms — nature of firearms being used — use of military weapons not justified — innocent party hit by ricocheting bullet — entitled to damages
Practice and procedure — pleadings — extent to which parties are bound by pleadings — real dispute between parties not apparent from pleadings but thoroughly investigated during trial — court entitled to decide case on basis of real dispute
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