FAWCETT SECURITY ORGANIZATION v COMMERCIAL UNION FIRE, MARINE & GENERAL INSURANCE CO LTD 1984 (2) ZLR 1 (H)

Flynote

Words and phrases — military law — "mutiny" — meaning of — war between guerilla factions not a mutiny — practice and procedure — liquidated claims — interest on — if interest claimed at other than normal rate, this should be stated in summons.

Headnote

The term "mutiny" refers to a combination between two or more persons who are subject to service law, or between persons two at least of whom are subject to service law, with one of the following objectives:

• (1) to overthrow or resist lawful authority in the lawful armed forces; or
• (2) to disobey such authority in such circumstances as to make the disobedience subversive of discipline or with the object of avoiding any duty or service against the enemy; or
• (3) to impede the performance of any duty or service in the armed forces.

A conflict between groups of armed men who are not subject to service law is not a mutiny.

In an action for liquidated damages, where interest is claimed a tempore morae, the interest rate is a standard one, 6% per annum. If any other rate of interest is to be claimed, this should be stated in the summons.