1
HH 40-13
HC 4187/12
TREVOR SIMBANEGAVI
versus
OFFICER JACHI
HIGH COURT OF ZIMBABWE
MAKONI J
HARARE, 29 August 2012 & 20 February 2013
T. Christmas, for the plaintiff
Defendant in default
Unopposed Application
MAKONI J: On 8 December 2010 at around 1700 hours and in Avonlea Drive, the
plaintiff was approached by the defendant who was in company of other officers of the
Criminal Investigation Department. The defendant ordered the plaintiff to disembark from the
motor vehicle where he was sitting. He ordered the plaintiff to lie on the ground on his back.
The defendant accused the plaintiff of having stolen the motor vehicle he was in. The
plaintiff protested his innocence. The defendant who was standing directly above the
plaintiff, fired several shots aimed at the plaintiff‟s legs. He proceeded to handcuff the
complainant and drove around with him for several hours before dropping him off at Harare
hospital. He did not remove the handcuffs. The defendant did not take the plaintiff to any
police station for charges to be laid against him.
A total of six bullets were fired into the plaintiff‟s legs. As a result, he sustained
numerous injuries from which he;
(a) Endured and still experiences excruciating pain,
(b) Had to have four steel plates surgically inserted in his right leg,
(c) Had to have an above the three amputation of his left leg,
(d) Suffered contumelia as he was subjected to cruel, inhuman and degrading
treatment.
The plaintiff incurred medical expenses in relation to the knee
amputation, insertion of steel plates to reinforce the injured leg, analgesics and other medical
procedures. Due to the nature of the injuries and associated complications, the disability
percentage was assessed at 63%.
The plaintiff then instituted action proceedings against the defendant claiming:-