A HARARE magistrate has ordered Lobels (Private) Limited to pay damages to a former employee after he was wrongfully accused and arrested for theft.
Magistrate Sharon Mashavira awarded Hardlife Chauke US$14 000 after she ruled that Lobels had maliciously prosecuted him.
Chauke’s ordeal began in October 2022 when his former employer laid false charges against him, alleging he had stolen US$35 423,27 from the company.
However, he was later acquitted in October 2023 after the State failed to prove its case.
The court heard that sometime in October 2022, Lobels, represented by Nyasha Nyakurera, laid false charges to the effect that Chauke had collected US$35 423,27 from customers and banked US$2 184,00 before converting US$33 751,27 to his own use.
This resulted in Chauke’s arrest, detention and prosecution for theft of trust property at the Mbare Magistrates Court in October 2022.
The State opened its case and led three witnesses before it closed its case.
However, the plaintiff was acquitted on October 5, 2023 by magistrate Musaiona Shortgame after the State failed to prove a prima facie case.
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Following the discharge, Chauke issued summons against Lobels claiming US$40 000 being damages for malicious arrest, detention and prosecution, loss of business due to malicious prosecution and legal costs incurred as a result of the malicious prosecution.
The court heard that the parties failed to resolve the matter amicably, resulting in a contested trial.
During trial, Chauke led evidence from himself and the defendant led evidence from Nyakurera, Wilson Saunyama and Farai Kachidede.
Chauke gave evidence that when Lobels, being represented by Nyakurera, laid charges of theft of trust property against him, it had no reasonable cause for doing so nor did it have any reasonable belief in the truth of the allegation.
He said as a result of Lobels’s conduct, he was arrested, detained and prosecuted.
Chauke claimed that he suffered damages for contumelia.
In his argument, Chauke claimed his fundamental rights to freedom of movement and liberty was denied while on bail as a result of the malicious prosecution.
He also told the court that he lost business attending court and also lost some clients due to the allegations of theft he was facing, while his reputation was tarnished.
Chauke submitted that he also incurred legal costs for legal representation as a result of the malicious prosecution.
In his application, he claimed a sum of US$25 000 being general damages for malicious prosecution, US$10 000 being legal costs incurred as a result of malicious prosecution and US$5 000 for loss of business due to malicious prosecution.
In her ruling, magistrate Mashavira ordered Lobels to pay US$14 000 to Chauke, comprising US$4 000 for malicious prosecution and US$10 000 for legal fees.
The court dismissed the plaintiff’s additional claim of US$5 000 due to lack of merit.
Lobels was also directed to pay interest on the awarded amount from the date of summons issuance until full payment, alongside ordinary court costs.
