Slapping guard triggers $6 000 lawsuit

09 Jan, 2019 - 00:01 0 Views
Slapping guard triggers $6 000 lawsuit

The Herald

Daniel Nemukuyu Senior Court Reporter
NMB Bank administrator Mr Lazarus Chidoori has been slapped with a $6 380 lawsuit by a security guard he allegedly beat up while manning his flat. Mr Chidoori, who stays at Number 4 Glenside Road in Strathaven, Harare, is said to have assaulted Mr Temba Mirisi, a security guard employed by Vandrift Security Services.

The security guard sustained injuries and lost a shirt in the scuffle. He now wants $3 000 for the pain and suffering he endured at the hands of Mr Chidoori.

Mr Mirisi is claiming another $3 000 for contumelia, emotional and psychological trauma, $350 for medical expenses and $30 for the replacement of his torn shirt.

He is also seeking an order for costs plus interest. G.S Kashangura Law Chambers are representing Mr Mirisi in the civil matter.

The parties yesterday appeared before Harare magistrate Mrs Gladys Moyo for a pre-trial conference, but the case was postponed to January 15.

The incident, according to the summons, occurred on August 27 last year and Mr Chidoori allegedly kicked the security guard who was on duty all over his body after an undisclosed altercation.

Mr Chidoori also assaulted Mr Mirisi using his hands. The incident was witnessed by other guards employed by Vandrift Security. According to the plaintiff’s declaration, Mr Chidoori turned violent when he had not been provoked.

“The assault on the plaintiff was contumelious, unprovoked, barbaric and was perpetrated in full glare of various other people.

“Consequently, the assault infringed on plaintiff’s right to personal integrity and security,” reads the declaration.

Mr Chidoori denied ever assaulting the security guard although in his defence, he partly admits to “fighting”.

“This is denied. The defendant did not assault the plaintiff as alleged but in fact, there was a misunderstanding and altercation after the defendant entered the premises and took keys, in the absence of plaintiff who was not at the designated place of guard duties, which led to a physical confrontation and fight,” read the defendant’s plea.

Mr Chidoori counter-argued that the security guard also assaulted him.

He stated in his papers that he paid an admission of guilty fine at the police station and on that basis, he claims the case should have ended there.

“A police report was made three days after the incident and resolved by admission to involvement in a brawl with no reference to injuries sustained by plaintiff,” read the plaintiff’s declaration.

Mr Chidoori disputed the amount being claimed, saying the injuries had been exaggerated.

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