HH 465-18 TAFADZWA MUSHUNJE v TRACY SIHLE HARRY & Ors

TAFADZWA MUSHUNJE

versus

TRACY SIHLE HARRY

and

MINISTER OF HOME AFFAIRS

and

COMMISSIONER OF POLICE

and

PROSECUTOR GENERAL

 

 

 

HIGH COURT OF ZIMBABWE

MUSHORE J

HARARE, 8 February 2018 & 8 August 2018

 

Civil Trial: damages for wrongful arrest and malicious prosecution

 

T Gombiro, for the plaintiff

T Mutomba, for the defendants

 

 

            MUSHORE J: This is a claim for damages for unlawful arrest and malicious prosecution. Plaintiff is a 26 year old fashion model who had a thriving modelling career and had a part-time business as a Master of Ceremonies. She was also employed on a part-time basis as a show presenter on national television. This is the status in society which plaintiff enjoyed by her own hard work until the first defendant, one Tracy Shile caused her arrest and instigated her prosecution for allegedly infecting first defendant’s minor child, aged two years, with HIV. First defendant also reported that plaintiff had also physically assaulted her minor child and also made the minor child drink urine, when the child’s father was looking after the child.

Plaintiff is suing for damages for unlawful arrest and malicious prosecution and pain and suffering as a consequence of the unlawful arrest and malicious prosecution.

The plaintiff testified that sometime in February 2016, she received a telephone call from an uncle of hers during which her uncle informed her that there was an unflattering article 

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2018