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BANDA & ORS v MUTUAL FINANCE (PVT) LTD 2018 (1) ZLR 287 (H)

2018 (1) ZLR p287

Citation

2018 (1) ZLR 287 (H)

Case No

Judgment No. HH-154-18

Court

High Court, Harare

Judge

Dube J

Heard

12 February 2018; 13 February 2018; 14 February 2018; 15 February 2018

Judgment

21 March 2018

Counsel

P Garayi, for the plaintiffs
R Mabwe, for the defendant

Case Type

Civil trial

Annotations

Flynote

Delict – actio injuriarum – malicious prosecution – requirements – reasonable and probable cause for arrest – must exist before arrest – defendant must have instigated arrest

Evidence – burden of proof – civil proceedings – less than in criminal proceedings – acquittal in criminal proceedings – not binding on court in subsequent civil proceedings arising out of same facts

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