PHANUEL KAPFUDZARUWA

versus

GWERU CITY COUNCIL

and

MISHECK MUTINDINDI

and

BERNARD MAMBO

and

SAMSON SAMUKUTE

HIGH COURT OF ZIMBABWE

TAGU J

HARARE 28, 29 May and 4 July 2018

Civil Trial

Z W Makwanya, for the plaintiff

T Magwaliba, for the 1^st, 2^nd, 3^rd and 4^th defendants

            TAGU J: The plaintiff’s claim against the defendants is for payment of (a) the sum of US$52 000.00 for pain and suffering incurred by the plaintiff as a result of injuries sustained by the plaintiff; (b) the sum of US$22 000.00 for public humiliation; (c) the sum of US$41 000.00 for loss of amenities of life which include difficulties in driving, walking and sleeping; (d) the sum of US$1000.00 being expenses incurred in medical bills resulting from the second to forth defendants’ assault on the plaintiff; (e) the sum of US$14 000.00 being punitive damages; (f) interest at the prescribed rate of 5% from the date of judgment to the date of full and final payment and (g) 10% collection commission in terms of the Law Society of Zimbabwe Regulations.

            The claim arose from an incident that occurred at the first defendant’s premises on the 21^st March 2016. What happened was that the first defendant’s property had been attached in execution which caused the first defendant to institute interpleader summons in case number HC 03/16. The first defendant’s claim was dismissed and this Honourable Court declared that the first defendant’s