Kadungure v Pervaiz (822 of 2022) [2022] ZWHHC 822 (16 November 2022)

Kadungure v Pervaiz (822 of 2022) [2022] ZWHHC 822 (16 November 2022)

The plaintiff established a prima facie case that his arrest, prosecution and detention were at the instigation of the defendant. The court found that it was not safe to evaluate and reject the plaintiff’s evidence at this stage, and that the plaintiff placed before the court evidence on which a reasonable court might find in his favour. Therefore, the application for absolution from the instance was dismissed.

Citation
[2022] ZWHHC 822
Parties
Plaintiff: Chris Kadungure; Defendant: Junaid Pervaiz
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
16 November 2022
Case Number
822 of 2022
Procedural Posture
Civil / Ruling on Application for Absolution From the Instance at Close of Plaintiff’s Case
Outcome
application for absolution from the instance dismissed
Legal Topics
Malicious Prosecution, Abuse of Process, Damages, Absolution From the Instance
Source Language
English
Tort Civil Procedure Malicious Prosecution Abuse of Process Damages Absolution From the Instance

Case Brief

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Parties

Chris Kadungure

Plaintiff

Junaid Pervaiz

Defendant

Procedural Posture

Civil / Ruling on Application for Absolution From the Instance at Close of Plaintiff’s Case

Legal Issues

  1. 1 Whether the plaintiff established a prima facie case for malicious prosecution and abuse of process against the defendant
  2. 2 Whether the defendant’s application for absolution from the instance should be granted

Ratio Decidendi

The plaintiff established a prima facie case that his arrest, prosecution and detention were at the instigation of the defendant. The court found that it was not safe to evaluate and reject the plaintiff’s evidence at this stage, and that the plaintiff placed before the court evidence on which a reasonable court might find in his favour. Therefore, the application for absolution from the instance was dismissed.

Court Disposition

application for absolution from the instance dismissed

Orders

  • The defendant’s application for absolution from the instance at the close of the plaintiff’s case is dismissed.
  • Costs shall be in the cause.