Benatar v Benatar (HC 4459 of 2013) [2015] ZWHHC 675 (4 August 2015)

Benatar v Benatar (HC 4459 of 2013) [2015] ZWHHC 675 (4 August 2015)

The defendant actively instigated the prosecution by suggesting charges and prosecution, lacked reasonable and probable cause, and acted with malice as the prosecution was motivated by revenge and improper motives. The plaintiff was acquitted and suffered damages.

Citation
[2015] ZWHHC 675
Parties
Plaintiff: Colleen Beatrice Benatar; Defendant: Robert Daniel Benatar
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
4 August 2015
Case Number
HC 4459 of 2013
Procedural Posture
Civil / Trial Judgment
Outcome
judgment for plaintiff
Legal Topics
Malicious Prosecution, Damages, Abuse of Process
Source Language
English
Tort Civil Procedure Malicious Prosecution Damages Abuse of Process

Case Brief

Summary, issues, holding and outcome

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Parties

Colleen Beatrice Benatar

Plaintiff

Robert Daniel Benatar

Defendant

Procedural Posture

Civil / Trial Judgment

Legal Issues

  1. 1 Whether the defendant wrongfully and maliciously set the law in motion by laying a false charge of perjury against the plaintiff
  2. 2 Whether the plaintiff is entitled to damages for legal costs, contumelia and discomfort

Ratio Decidendi

The defendant actively instigated the prosecution by suggesting charges and prosecution, lacked reasonable and probable cause, and acted with malice as the prosecution was motivated by revenge and improper motives. The plaintiff was acquitted and suffered damages.

Court Disposition

judgment for plaintiff

Orders

  • Defendant to pay plaintiff $7,602 as legal costs
  • Defendant to pay plaintiff $3,000 as damages for contumelia and discomfort