GUMUNYU v NYONI 1999 (2) ZLR 15 (H)

Flynote

Customs and excise ” customs officer ” action against in respect of acts done by officer in official capacity ” time within which action must be commenced ” prescription period not affected by unlawfulness or malice on part of officer

Prescription ” period of in respect of official actions taken by customs official

Headnote

Acting in her official capacity, a customs official had caused the detention of plaintiff's vehicles. This action had caused financial loss to the plaintiff. The plaintiff alleged that the customs official had abused her position and that her actions were wrongful, unlawful and actuated by malice. The defendant raised a special plea of prescription.

In terms of s 196 of the Customs and Excise Act [Chapter 23:02], an action against a customs officer in respect of actions taken by the officer in the course of her employment must be commenced within eight months from the date that the cause of action arose.

Held, that wrongful acts, even those actuated by dishonesty or malice, can still done in the course of employment.

Held, further, that in the present case the customs official had been acting in an official capacity and during the course of her employment when she committed the acts leading to the plaintiff's financial loss and thus the eight months prescription period applied.

Held, further, that as the action had been brought well after the eight months prescription period, the plaintiff's claim had prescribed.