Ikeogu v Guard Alert (Pvt) Ltd (HB 13 of 2008; HC 299 of 2003) [2008] ZWBHC 23 (27 February 2008)

Ikeogu v Guard Alert (Pvt) Ltd (HB 13 of 2008; HC 299 of 2003) [2008] ZWBHC 23 (27 February 2008)

The plaintiff adduced evidence on the value of the items, and the adequacy of this evidence should be determined at the close of the defendant’s case, not at the close of the plaintiff’s case. The application for absolution from the instance is premature and must be dismissed.

Citation
[2008] ZWBHC 23
Parties
Plaintiff: Doctor Michael Ikeogu; Defendant: Guard Alert (Pvt) Ltd
Court
Bulawayo High Court
Jurisdiction
Zimbabwe
Judgment Date
27 February 2008
Case Number
HB 13 of 2008 ; HC 299 of 2003
Procedural Posture
Civil Trial / Application for Absolution From the Instance at Close of Plaintiff's Case
Outcome
Defendant's application for absolution from the instance at the close of the plaintiff’s case dismissed.
Legal Topics
Absolution From the Instance, Assessment of Damages, Evidentiary Requirements
Source Language
English
Civil Procedure Damages Absolution From the Instance Assessment of Damages Evidentiary Requirements

Case Brief

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Parties

Doctor Michael Ikeogu

Plaintiff

Guard Alert (Pvt) Ltd

Defendant

Procedural Posture

Civil Trial / Application for Absolution From the Instance at Close of Plaintiff's Case

Legal Issues

  1. 1 Whether the plaintiff has established an essential element of his claim to avoid absolution from the instance
  2. 2 Whether sufficient evidence of the quantum of damages has been adduced

Ratio Decidendi

The plaintiff adduced evidence on the value of the items, and the adequacy of this evidence should be determined at the close of the defendant’s case, not at the close of the plaintiff’s case. The application for absolution from the instance is premature and must be dismissed.

Court Disposition

Defendant's application for absolution from the instance at the close of the plaintiff’s case dismissed.

Orders

  • Defendant's application for absolution from the instance is dismissed.