HH 382-18 PHANUEL KAPFUDZARUWA versus GWERU CITY COUNCIL and Ors

PHANUEL KAPFUDZARUWA

versus

GWERU CITY COUNCIL

and

MISHECK MUTINDINDI

and

BERNARD MAMBO

and

SAMSON SAMUKUTE

 

 

HIGH COURT OF ZIMBABWE

TAGU J

HARARE 28, 29 May and 4 July 2018

 

 

Civil Trial

 

Z W Makwanya, for the plaintiff

T Magwaliba, for the 1st, 2nd, 3rd and 4th defendants

 

 

            TAGU J: The plaintiff’s claim against the defendants is for payment of (a) the sum of US$52 000.00 for pain and suffering incurred by the plaintiff as a result of injuries sustained by the plaintiff; (b) the sum of US$22 000.00 for public humiliation; (c) the sum of US$41 000.00 for loss of amenities of life which include difficulties in driving, walking and sleeping; (d) the sum of US$1000.00 being expenses incurred in medical bills resulting from the second to forth defendants’ assault on the plaintiff; (e) the sum of US$14 000.00 being punitive damages; (f) interest at the prescribed rate of 5% from the date of judgment to the date of full and final payment and (g) 10% collection commission in terms of the Law Society of Zimbabwe Regulations.

            The claim arose from an incident that occurred at the first defendant’s premises on the 21st March 2016. What happened was that the first defendant’s property had been attached in execution which caused the first defendant to institute interpleader summons in case number HC 03/16. The first defendant’s claim was dismissed and this Honourable Court declared that the first defendant’s 

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2018