COLTART v MIN OF HOME AFFAIRS & ORS 2006 (1) ZLR 543 (H)

Flynote

Damages — amount — when to be assessed — rule that damages are fixed at the time of wrong or breach — effect of inflation

Delict — actio injuriarum — police — allegation of illegal search of premises by police — order of court rendering such a search illegal — court order only made after the search had been conducted — police acted in good faith

Delict — damages — rule that damages are fixed at the time of wrong or breach — effect of inflation on the rule

Police — action against — illegal search warrant — no jurisdiction by magistrate to issue the search warrant — Police Act [Chapter 11:10] — s 67 — provides protection to police officers acting in good faith — need to adopt a robust approach when scrutinising behaviour of police in the conduct of their duty — unreasonable to expect police officers to be guided by plaintiff's views as to the legality of search warrant

Practice and procedure — parties — police officer — action against — police officer acting in obedience to warrant — defective warrant —when police officer protected against suit

Practice and procedure — pleadings — amendment — discretion of court — discretion to be exercised judicially — discretion may be exercised at any time before judgment

Practice and procedure — summons — amendment — application to increase amount of damages being claimed — long delay since summons issued, through no fault of plaintiff — original claim now unrealistically low due to hyper-inflation — application granted