DANHA v MUDZONGACHISO NO & ANOR 2018 (1) ZLR 74 (H)

2018 (1) ZLR p74

Flynote

Court – judicial officer – liability for conduct and decision taken during court proceedings – rebuttable presumption that judicial officer acted lawfully and within the limits of his or her authority – privilege forfeited only if plaintiff proves that the judicial officer was actuated by an improper motive or malice – need for immunity to enhance judicial independence and to deter unnecessary suits

Delict – liability – judicial officer – liability for conduct and decision taken during court proceedings – rebuttable presumption that judicial officer acted lawfully and within the limits of his or her authority – privilege forfeited only if plaintiff proves that the judicial officer was actuated by an improper motive or malice

Delict – liability – vicarious liability – liability of employer for fraudulent acts on part of employee

Practice and procedure – absolution from the instance – when should be granted – principles – should be granted where there is no chance of the court making a reasonable mistake from the evidence led and granting judgment for the plaintiff