Sepe v Jinga (Civil Appeal 328 of 2007) [2008] ZWHHC 43 (20 May 2008)

Sepe v Jinga (Civil Appeal 328 of 2007) [2008] ZWHHC 43 (20 May 2008)

The appellant, having accepted both the compensation ordered by the criminal court and the replacement door, is estopped from making further claims for the same injury. The law precludes a fresh civil claim where a compensation order has been made and accepted.

Citation
[2008] ZWHHC 43
Parties
Appellant: John Sepe; Respondent: Jonathan Jinga
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
20 May 2008
Case Number
Civil Appeal 328 of 2007
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Compensation, Res Judicata, Malicious Injury to Property
Source Language
English
Civil Procedure Criminal Law Compensation Res Judicata Malicious Injury to Property

Case Brief

Summary, issues, holding and outcome

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Parties

John Sepe

Appellant

Jonathan Jinga

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the appellant was entitled to further compensation after a criminal court's compensation order
  2. 2 Whether acceptance of compensation and replacement door estops further claims

Ratio Decidendi

The appellant, having accepted both the compensation ordered by the criminal court and the replacement door, is estopped from making further claims for the same injury. The law precludes a fresh civil claim where a compensation order has been made and accepted.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed.