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NHERERA v SHAH 2015 (2)

Citation

2015 (2) ZLR 455 (H)

Case No

Judgment No. HH-845-15

Court

High Court, Harare

Judge

Mathonsi J

Heard

21 October 2015

Judgment

4 November 2015

Counsel

T Magwaliba, for plaintiff
L Uriri, for respondent

Case Type

Civil trial

Annotations

Flynote

Delict – actio injuriarum – malicious prosecution – requirements to establish – what constitutes a failure of the prosecution.

Legal practitioners – Prosecutor General45 – Conduct and ethics – Appeal – Decision >to decline to prosecute – past involvement in case as defence witness and acting in related matter as legal practitioner for plaintiff – Whether competent to be involved in deciding fate of appeal after assuming post as head of prosecuting authority.

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