Ex-employee wins lawsuit against Lobels

In a recent ruling, Magistrate Sharon Mashavira has ordered Lobels (Private) Limited to compensate former employee Hardlife Chauke with US$14,000 after he was wrongfully accused of theft and subjected to malicious prosecution. The magistrate found that Lobels had no reasonable grounds for the charges and that the prosecution was conducted with malicious intent.

The case originated in October 2022 when Lobels, represented by company official Nyasha Nyakurera, accused Chauke of misappropriating US$35,423.27 from the business. Chauke was arrested and charged at the Mbare Magistrates Court, with the company alleging he had failed to deposit a significant sum. However, after a year-long court battle, Magistrate Musaiona Shortgame acquitted Chauke in October 2023, finding the State had not established a prima facie case.

Following his acquittal, Chauke filed a civil lawsuit seeking US$40,000 in damages for the ordeal he endured, including the impact on his business, reputational damage, and legal expenses. He argued that Lobels' actions led to his detention and a loss of both freedom and business opportunities, all while tarnishing his reputation.

During the trial, both Chauke and witnesses from Lobels, including Nyakurera, Wilson Saunyama, and Farai Kachidede, testified. Chauke maintained that the accusations were baseless, causing him undue hardship and necessitating legal expenses to clear his name.

In her judgment, Magistrate Mashavira awarded Chauke US$14,000, comprising US$4,000 for malicious prosecution and US$10,000 in legal costs. However, she dismissed Chauke's claim for US$5,000 in business losses, citing insufficient evidence.

In addition to the principal award, Lobels is required to pay interest on the amount from the date of the lawsuit filing until full payment, along with ordinary court costs.