Johnstone v Murphy and Others (238 of 2025) [2025] ZWHHC 238 (1 April 2025)

Johnstone v Murphy and Others (238 of 2025) [2025] ZWHHC 238 (1 April 2025)

The plaintiff failed to establish a prima facie case of professional negligence, as there was insufficient evidence of a formal duty of care, breach, or causation linking the defendant’s conduct to the plaintiff’s loss. The loss was primarily caused by statutory currency re-denomination, not by any actionable...

Source-derived case information.

Citation
[2025] ZWHHC 238
Parties
Plaintiff: Helen Judith Johnstone; Defendant: Brian Murphy; Defendant: Tawanda Collins Mupini; Defendant: Sheila Anne Murphy; Defendant: Veracity Business Solutions (Pvt) Limited
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
1 April 2025
Case Number
238 of 2025
Procedural Posture
Civil / Application for Absolution From the Instance at Close of Plaintiff's Case
Outcome
absolution from the instance granted; plaintiff's claim dismissed
Legal Topics
Professional Negligence, Absolution From the Instance, Duty of Care, Causation, Currency Re Denomination
Source Language
english
Civil Procedure Tort Professional Negligence Absolution From the Instance Duty of Care Causation Currency Re Denomination

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 7 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Helen Judith Johnstone

Plaintiff

Brian Murphy

Defendant

Tawanda Collins Mupini

Defendant

Sheila Anne Murphy

Defendant

Veracity Business Solutions (Pvt) Limited

Defendant

Procedural Posture

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

Legal Issues

  1. 1 Whether the defendant owed the plaintiff a professional duty of care
  2. 2 Whether the defendant breached any such duty
  3. 3 Whether the defendant's conduct caused the plaintiff's financial loss

Ratio Decidendi

The plaintiff failed to establish a prima facie case of professional negligence, as there was insufficient evidence of a formal duty of care, breach, or causation linking the defendant’s conduct to the plaintiff’s loss. The loss was primarily caused by statutory currency re-denomination, not by any actionable negligence of the defendant.

Court Disposition

absolution from the instance granted; plaintiff's claim dismissed

Orders

  • The defendant’s application for absolution from the instance is granted.
  • The plaintiff’s claim is dismissed.