Indian businesswoman sues Mussa for $100 000 for malicious prosecution

By The Zimbabwe Independent | Jun. 8, 2017 | 2 Min read

An Indian businesswoman, Nighert Savania, has filed a $100 000 lawsuit against a Harare-based Indian man, Max Mussa, who allegedly caused her arrest and prosecution on charges of contravening section 88(1) of the Postal and Telecommunications Act.

By Own Correspondent

The businesswoman, through her lawyers Kadzere, Hungwe and Mandevere, said Mussa reported her to the police on allegations of swearing and insulting him over the phone.

“On June 25 last year, the defendant (Mussa) wrongfully and maliciously set the law in motion by a false charge of contravening section 88(1) of the Postal and Telecommunications Act against the plaintiff (Savania) with the police at Milton Park Police Station, Harare, by giving them false information,” the lawyers said.

“That the plaintiff called his (Mussa) mobile phone and uttered offensive words to the following effect: ‘You are a stupid crook, because you work for this kaffir lawyer you think you are big’.”

The lawyers said when he was placing the charge and giving the said information to police, Mussa had no reasonable or probable cause for doing so, nor did he have any reasonable belief in the truth of the information he had supplied.

“As a result of the conduct of the defendant aforesaid, the plaintiff was arrested and held for a day on June 27, 2016 . . . Plaintiff made an initial court appearance on July 13, where she was remanded out of custody on bail,” the lawyers said.

“Pursuant to her remand, plaintiff was duly prosecuted in the Harare Magistrates’ Court and duly acquitted on September 7, 2016. The plaintiff suffered damages as a result of the defendant’s conduct in the sum of $12 000, being the costs reasonably expended by the plaintiff in defending herself against the aforesaid charge, $88 000 being damages for contumelia, deprivation of freedom, discomfort and loss of business suffered by the plaintiff.” The lawyers also said they were claiming 5% interest plus costs of suit.