HB 099-18 LLOYD GARIKAYI NDANGARIRO Versus JOSEPH BAKURU TAYALI and Anor

LLOYD GARIKAYI NDANGARIRO

 

Versus

 

JOSEPH BAKURU TAYALI

 

And

 

TONGAI KAMUTINGONDO

 

IN THE HIGH COURT OF ZIMBABWE

MAKONESE J

BULAWAYO 20 & 22 FEBRUARY & 26 APRIL 2018

 

Civil Trial

 

Ms Mutshina for the plaintiff

M. Ncube for the 1st defendant

M. T. T. Chitere for the 2nd defendant

            MAKONESE J:        Where a litigant is suing for payment of damages based on wrongfulness, such damages are not just there for the taking but must be proved on a balance of probabilities.  The cause of action based on actio injuriarum requires proof based on wrongful intentional impairment of the person, dignity or reputation of the plaintiff by the defendant.  To succeed in such a claim, the plaintiff must allege and prove impairment of the relevant aspect of the personality relied upon.  The plaintiff must allege facts, which objectively speaking are sufficient to lead to a reasonable inference of wrongfulness.

            In this matter plaintiff issued summons seeking against the defendants, jointly and severally payment of a total sum of US$32 000, broken down as follows:

  1. the sum of US$12 000 being cash unlawfully seized from the plaintiff by the defendants.
  2. the sum of $10 000 being damages for impairment of dignity
  3. payment of the sum of US10 000 being damages for unlawful arrest and detention.

 

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2018