On 24 May 2014, the plaintiff Charles Ngoni went to Dombotombo Police Station to inquire about three MDC youth members who had been detained for public drinking. Upon arrival, Officer Chimedza (third defendant) allegedly assaulted him on the left arm and face with a baton stick because he was wearing an MDC t-shirt. The plaintiff was forced to sit on the floor, kicked with booted feet, and unlawfully detained for 30 minutes before being released without formal charge. The plaintiff issued summons on 17 February 2015, nine months after the incident, claiming US$15,000 in damages for shock, pain, suffering and medical expenses. The defendants raised a plea in bar based on prescription under s 70 of the Police Act which requires civil proceedings against the State or police members to be commenced within eight months. The plaintiff then withdrew his action against the first and second defendants (Minister of Home Affairs and Commissioner of Police) but sought to continue against Officer Chimedza in his personal capacity, arguing the time limits under the Police Act did not apply to personal liability.