Online Reporter
Mathew Masinge
A MAN has lost his bid for US$60,000 in damages from his stepmother after he claimed she had maliciously caused his arrest for allegedly destroying her seven-roomed house when his father died.
Collin Benyure approached the High Court accusing his stepmother Annah Benyure of maliciously causing his prosecution for allegedly destroying her seven-roomed house in Nyamakosi village, Mutoko.
He was seeking US$20,000 for emotional stress, US$30,000 for his reputation and US$10,000 for legal costs incurred.
Annah had built her house at the Benyure homestead as the late Benyure’s second wife.
Her house was destroyed by unknown assailants who wanted to force her off the homestead.
She said she did not see anyone destroying her property, she only received a phone call that her house had been demolished and suspected that Collin had done it.
In his ruling Justice Christopher Dube-Banda exonerated Annah saying she is not liable to pay any damages because she had only identified Collin as her prime suspect.
“The decision to arrest and charge Collin was exclusively that of the police. The investigating officer attended the scene, saw a demolished house, because if he had not seen it, he would have said so in his statement and closed the investigations.
“Her house was demolished and this is what she reported to the police. The conduct of the defendant cannot be said to amount to an active instigation of criminal proceedings.
“The allegation that Annah made a false statement is not in sync with the facts of this case.
“The demolished house was at the centre of the case, the police could not have arrested, and the prosecution could not have prosecuted Collin if there was no demolished house. There was a demolished house.
“There is no evidence that besides giving information to the police that Annah proceeded to lay a charge and was overbearing on the police to institute proceedings when they would not have otherwise done so.
“In conclusion, there is no evidence that the defendant abused the process of the court by wrongfully or maliciously setting the law in motion against the plaintiff.
“There is no evidence that the defendant acted without reasonable or probable cause. There is no evidence of malice.”
Londile Moyo