Nkosithabile Mdlongwa v Mlungisi Ngwenya

The plaintiff and defendant were both teachers at Inyathi High School. On 2 September 2011, a dispute arose between them over the occupation and use of a cottage at the school. The defendant, a male adult, assaulted the plaintiff, a female adult, all over the body with clenched fists. The plaintiff suffered a swollen face and bruises on the left shoulder. A medical report indicated the injuries were serious and the degree of force used was moderate with no possibility of permanent injury. The plaintiff sought medical attention and claimed she had to purchase spectacles because her vision was permanently damaged, and that she now suffers from permanent and recurrent migraine headaches. The defendant paid an admission of guilt of US$10 for contravening section 41(b) of the Criminal Law (Codification and Reform) Act for conduct likely to provoke breach of the peace. The defendant was served with summons claiming US$10,000 general damages and US$120 special damages, but failed to enter appearance to defend and was barred.

• What is the appropriate quantum of general damages for pain and suffering arising from the assault?
• What is the appropriate quantum of special damages for medical expenses incurred?
• What standard of proof is required for special damages claims in unopposed matters?
• What factors should be considered in assessing general damages for personal injuries resulting from assault?

The defendant was ordered to pay: (a) US$120 as special damages; (b) US$1,500 as general damages for pain and suffering; (c) interest at the prescribed rate from date of summons to date of final payment; and (d) costs of suit.

Special damages must be specially alleged and strictly proved, though in unopposed matters where the amount claimed is reasonable and there is no defence in rebuttal, the court may exercise discretion to award the amount claimed. General damages for pain and suffering arising from assault must be determined by broad general considerations of what is fair in all circumstances, taking into account the nature and extent of injuries, the degree of force used, and the embarrassing nature of the assault. Awards must be commensurate with the actual injuries suffered and must be compensatory not punitive. Claims for permanent or ongoing medical conditions arising from assault require supporting medical evidence.

The court noted that it was unclear why the defendant was charged only with the minor offence of conduct likely to provoke breach of the peace under section 41(b) of the Criminal Law (Codification and Reform) Act rather than the more serious offence of assault, though this was not relevant to the civil damages claim. The court also observed that a more detailed medical report would have assisted in properly describing the injuries and assessing damages, indicating the court's preference for comprehensive medical evidence in personal injury matters.

This case demonstrates the Zimbabwean High Court's approach to assessing damages in unopposed assault matters. It reinforces the principle that special damages must be strictly proved, though courts may exercise discretion where amounts are reasonable and uncontested. It illustrates judicial restraint in awarding general damages, requiring awards to be commensurate with actual injuries sustained rather than claimed amounts. The case also emphasizes the importance of proper medical evidence to support claims for ongoing or permanent injuries, and confirms that general damages are compensatory rather than punitive in nature.