How to sue for unlawful arrest and detention in Zimbabwe

In order to be able to sue for an actio injuriarum for unlawful arrest and detention in Zimbabwe, such an arrest must have been unlawful. For an arrest to be lawful, an ‘arresting officer’ must have had reasonable grounds for causing the arrest. In other words, unlawful arrest is arrest without any lawful justification.

Resultantly, in instances where there was no lawful basis for arresting and detaining someone, it amounts to depravation of liberty which is a serious injury to a person. Whilst, in detention, if one is subjected to any form of torture or to cruel, inhuman and degrading treatment in the hands of those who detained them, they can also sue for damages for cruel, inhuman or degrading treatment.

Therefore, one can bring an action for damages and compensation for unlawful arrest and detention against an ‘arresting officer’ which may include members of the police, other uniformed forces or a private individual 11 either in the Magistrates Court or in the High Court. The jurisdiction of the court is generally determined according to the principles applicable to the delictual claim.

For a claim for damages due to unlawful or wrongful arrest and detention, the plaintiff will need to:

1. (a) State the date and place where he or she was unlawfully arrested.
2. (b) State the location and duration where he or she was unlawfully detained.
3. (c) State that the ‘arresting officer’ was acting within the course and scope of their
     employment.
4. (d) State the amount suffered as loss being made up as follow [detail].