A MEMBER of the Institute of Chartered Accountants of Zimbabwe, Philip Bruce Caddick has sued his colleague an M G Pettican for more than $80 900 over false accusations of misconduct he levelled against him.
BY SILAS NKALA
Caddick filed summons against Pettican at the Bulawayo High Court demanding damages totalling $80 940.
“The plaintiff’s claim is for the payment of $50 000 in general damages for malicious prosecution and injury to the plaintiff’s good name and professional reputation occasioned by the actions of the defendant in bringing … unfounded allegations of professional misconduct against the plaintiff,” the summons read.
“Payment of $30 940 being special damages relating to lost income and expenses incurred by plaintiff during the period in which he was obliged to defend such proceedings.”
In his declaration, Caddick submitted that he and Pettican are ICAZ members and on September 25, 2014 Pettican wrongfully and maliciously set the law in motion by instigating and instituting an unfounded report of alleged professional misconduct against him with the registrar of the Institute of Chartered Accountants in Harare.
“Defendant was instrumental in making the allegations and identified himself with persisting with their prosecution by the investigations committee of the Instituted of Chartered Accountants. When filing this report and giving this disinformation defendant was actuated by malice and intention to deliberately cause disgrace to plaintiff and defendant had no reasonable or probable cause of doing nor did he have reasonable belief in the truth of the information given,” the declaration read.
“As a direct result of the defendant’s aforesaid instigating and instituting the said unfounded reports, plaintiff was charged with counts of alleged professional misconduct by the investigations committee of the Institute of Chartered Accountants and was required to submit a written response to the charges which he did on or about October 29, 2014.
“On or about December 8, 2014 investigations proceedings terminated in plaintiff’s favour more particularly in that the said investigations committee exonerated plaintiff of that all the charges and through the Registrar of the ICAZ duly notified plaintiff that the results of their deliberations on the charges was that he had no case to answer.”
Caddick submitted that however, Pettican in January 2015 again wrongfully and maliciously instigated the same unfounded allegations against him when he had since been exonerated of the initial charges. The charges were later dropped and Caddick was notified of the developments.
“As a result of the defendant’s conduct, plaintiff suffered general damages of $50 000 for injury to his good reputation and name,” he submitted.
He also said he suffered special damages of $16 065 being cost of lawyers, and $600 being travel and other expenses.
Caddick also added that he suffered damages in the sum of $14 275 being loss of earnings and then prayed for the payment of the total sum.
Pettican is yet to respond to the summons.