Allah M Tufail v Ernest Itanyi and The Registrar CVR

HH 60-17

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Case Details

Court

Harare High Court

Date

1 February 2017

Citation

HH 60-17

Neutral Citation

[2017] ZWHH 60

Outcome

unknown

Case Type

Appeal

Bench

Presiding

Ndevere J

Full Bench

Chitakunye JNdevere J

Areas of Law

Contract lawCivil procedure

Keywords

Acknowledgment of debtSecurity agreementDispute of factTrial referral

Tags

Loan agreementSecurityMotor vehicleContract interpretation

legislation

Statutes Cited

Criminal Justice Act 2003
Human Rights Act 1998
European Convention on Human Rights, Article 5
European Convention on Human Rights, Article 14
Prison Act 1952
Crime (Sentences) Act 1997
Criminal Justice Act 1991
Criminal Justice and Court Services Act 2000
Criminal Justice and Immigration Act 2008
Coroners and Justice Act 2009
Legal Aid, Sentencing and Punishment of Offenders Act 2012
Offender Rehabilitation Act 2014
Criminal Cases Review Commission Act 1995
Criminal Appeal Act 1995
Criminal Appeal Act 1968
Supreme Court Act 1981
Constitutional Reform Act 2005
Courts Act 2003
Tribunals, Courts and Enforcement Act 2007
Civil Procedure Rules 1998
Prison Rules 1999
Parole Board Rules 2004
Criminal Procedure Rules 2015
Legal Services Act 2007
Data Protection Act 1998
Freedom of Information Act 2000
Equality Act 2010
Mental Health Act 1983
Mental Capacity Act 2005
Children Act 1989
Children Act 2004
Youth Justice and Criminal Evidence Act 1999
Serious Organised Crime and Police Act 2005
Police and Criminal Evidence Act 1984
Prosecution of Offences Act 1985
Criminal Justice (International Co-operation) Act 1990
Criminal Justice (Terrorism and Conspiracy) Act 1998
Terrorism Act 2000
Anti-terrorism, Crime and Security Act 2001
Prevention of Terrorism Act 2005
Terrorism Act 2006
Counter-Terrorism Act 2008
Counter-Terrorism and Security Act 2015
Investigatory Powers Act 2016
Regulation of Investigatory Powers Act 2000
Interception of Communications Act 1985
Security Service Act 1989
Intelligence Services Act 1994
Official Secrets Act 1989
Public Interest Disclosure Act 1998
Public Records Act 1958
Freedom of Information Act 2000
Environmental Information Regulations 2004
Data Protection Act 2018
General Data Protection Regulation (EU) 2016/679
Privacy and Electronic Communications Regulations 2003
Investigatory Powers (Interception by Police) Regulations 2017
Investigatory Powers (Interception by Intelligence Services) Regulations 2018
Investigatory Powers (Interception by Her Majesty's Forces) Regulations 2017
Investigatory Powers (Interception by Revenue and Customs) Regulations 2017
Investigatory Powers (Interception by Food Standards Agency) Regulations 2017
Investigatory Powers (Interception by Environment Agency) Regulations 2017
Investigatory Powers (Interception by Serious Fraud Office) Regulations 2017
Investigatory Powers (Interception by Competition and Markets Authority) Regulations 2017
Investigatory Powers (Interception by Financial Conduct Authority) Regulations 2017
Investigatory Powers (Interception by Prudential Regulation Authority) Regulations 2017
Investigatory Powers (Interception by Bank of England) Regulations 2017
Investigatory Powers (Interception by National Crime Agency) Regulations 2017
Investigatory Powers (Interception by Police and Crime Commissioners) Regulations 2017
Investigatory Powers (Interception by Ministry of Defence Police) Regulations 2017
Investigatory Powers (Interception by British Transport Police) Regulations 2017
Investigatory Powers (Interception by Civil Nuclear Constabulary) Regulations 2017
Investigatory Powers (Interception by Port of Dover Police) Regulations 2017
Investigatory Powers (Interception by Port of Liverpool Police) Regulations 2017
Investigatory Powers (Interception by Port of Tilbury Police) Regulations 2017
Investigatory Powers (Interception by Port of Felixstowe Police) Regulations 2017
Investigatory Powers (Interception by Port of Southampton Police) Regulations 2017
Investigatory Powers (Interception by Port of Bristol Police) Regulations 2017
Investigatory Powers (Interception by Port of Hull Police) Regulations 2017
Investigatory Powers (Interception by Port of Grimsby Police) Regulations 2017
Investigatory Powers (Interception by Port of Immingham Police) Regulations 2017
Investigatory Powers (Interception by Port of Harwich Police) Regulations 2017
Investigatory Powers (Interception by Port of Ramsgate Police) Regulations 2017
Investigatory Powers (Interception by Port of Sheerness Police) Regulations 2017
Investigatory Powers (Interception by Port of Chatham Police) Regulations 2017
Investigatory Powers (Interception by Port of Brightlingsea Police) Regulations 2017
Investigatory Powers (Interception by Port of Ipswich Police) Regulations 2017
Investigatory Powers (Interception by Port of Lowestoft Police) Regulations 2017
Investigatory Powers (Interception by Port of Great Yarmouth Police) Regulations 2017
Investigatory Powers (Interception by Port of King's Lynn Police) Regulations 2017
Investigatory Powers (Interception by Port of Wells Police) Regulations 2017
Investigatory Powers (Interception by Port of Blakeney Police) Regulations 2017
Investigatory Powers (Interception by Port of Cley Police) Regulations 2017
Investigatory Powers (Interception by Port of Sheringham Police) Regulations 2017
Investigatory Powers (Interception by Port of Cromer Police) Regulations 2017
Investigatory Powers (Interception by Port of Mundesley Police) Regulations 2017
Investigatory Powers (Interception by Port of Sea Palling Police) Regulations 2017
Investigatory Powers (Interception by Port of Winterton Police) Regulations 2017
Investigatory Powers (Interception by Port of Horsey Police) Regulations 2017
Investigatory Powers (Interception by Port of Happisburgh Police) Regulations 2017
Investigatory Powers (Interception by Port of Bacton Police) Regulations 2017
Investigatory Powers (Interception by Port of Walcott Police) Regulations 2017
Investigatory Powers (Interception by Port of Happisburgh Police) Regulations 2017
Investigatory Powers (Interception by Port of Sea Palling Police) Regulations 2017
Investigatory Powers (Interception by Port of Eccles Police) Regulations 2017
Investigatory Powers (Interception by Port of St Olaves Police) Regulations 2017
Investigatory Powers (Interception by Port of Reedham Police) Regulations 2017
Investigatory Powers (Interception by Port of Cantley Police) Regulations 2017
Investigatory Powers (Interception by Port of Buckenham Police) Regulations 2017
Investigatory Powers (Interception by Port of Hardley Police) Regulations 2017
Investigatory Powers (Interception by Port of Langley Police) Regulations 2017
Investigatory Powers (Interception by Port of Loddon Police) Regulations 2017
Investigatory Powers (Interception by Port of Chedgrave Police) Regulations 2017
Investigatory Powers (Interception by Port of Hales Police) Regulations 2017
Investigatory Powers (Interception by Port of Heckingham Police) Regulations 2017
Investigatory Powers (Interception by Port of Geldeston Police) Regulations 2017
Investigatory Powers (Interception by Port of Beccles Police) Regulations 2017
Investigatory Powers (Interception by Port of Oulton Broad Police) Regulations 2017
Investigatory Powers (Interception by Port of Somerleyton Police) Regulations 2017
Investigatory Powers (Interception by Port of St Olaves Police) Regulations 2017
Investigatory Powers (Interception by Port of Fritton Police) Regulations 2017
Investigatory Powers (Interception by Port of Belton Police) Regulations 2017
Investigatory Powers (Interception by Port of Burgh Castle Police) Regulations 2017
Investigatory Powers (Interception by Port of Great Yarmouth Police) Regulations 2017
Investigatory Powers (Interception by Port of Gorleston Police) Regulations 2017
Investigatory Powers (Interception by Port of Lowestoft Police) Regulations 2017
Investigatory Powers (Interception by Port of Kirkley Police) Regulations 2017
Investigatory Powers (Interception by Port of Pakefield Police) Regulations 2017
Investigatory Powers (Interception by Port of Kessingland Police) Regulations 2017
Investigatory Powers (Interception by Port of Covehithe Police) Regulations 2017
Investigatory Powers (Interception by Port of Easton Bavents Police) Regulations 2017
Investigatory Powers (Interception by Port of Southwold Police) Regulations 2017
Investigatory Powers (Interception by Port of Walberswick Police) Regulations 2017
Investigatory Powers (Interception by Port of Dunwich Police) Regulations 2017
Investigatory Powers (Interception by Port of Minsmere Police) Regulations 2017
Investigatory Powers (Interception by Port of Leiston Police) Regulations 2017
Investigatory Powers (Interception by Port of Aldeburgh Police) Regulations 2017
Investigatory Powers (Interception by Port of Orford Police) Regulations 2017
Investigatory Powers (Interception by Port of Shingle Street Police) Regulations 2017
Investigatory Powers (Interception by Port of Bawdsey Police) Regulations 2017
Investigatory Powers (Interception by Port of Felixstowe Police) Regulations 2017
Investigatory Powers (Interception by Port of Harwich Police) Regulations 2017
Investigatory Powers (Interception by Port of Dovercourt Police) Regulations 2017
Investigatory Powers (Interception by Port of Wrabness Police) Regulations 2017
Investigatory Powers (Interception by Port of Mistley Police) Regulations 2017
Investigatory Powers (Interception by Port of Manningtree Police) Regulations 2017
Investigatory Powers (Interception by Port of Brightlingsea Police) Regulations 2017
Investigatory Powers (Interception by Port of Wivenhoe Police) Regulations 2017
Investigatory Powers (Interception by Port of Rowhedge Police) Regulations 2017
Investigatory Powers (Interception by Port of Hythe Police) Regulations 2017
Investigatory Powers (Interception by Port of Colchester Police) Regulations 2017
Investigatory Powers (Interception by Port of Mersea Island Police) Regulations 2017
Investigatory Powers (Interception by Port of Tollesbury Police) Regulations 2017
Investigatory Powers (Interception by Port of Goldhanger Police) Regulations 2017
Investigatory Powers (Interception by Port of Heybridge Police) Regulations 2017
Investigatory Powers (Interception by Port of Maldon Police) Regulations 2017
Investigatory Powers (Interception by Port of Burnham Police) Regulations 2017
Investigatory Powers (Interception by Port of Southminster Police) Regulations 2017
Investigatory Powers (Interception by Port of Bradwell Police) Regulations 2017
Investigatory Powers (Interception by Port of Dengie Police) Regulations 2017
Investigatory Powers (Interception by Port of Mayland Police) Regulations 2017
Investigatory Powers (Interception by Port of Althorne Police) Regulations 2017
Investigatory Powers (Interception by Port of St Lawrence Police) Regulations 2017
Investigatory Powers (Interception by Port of Steeple Police) Regulations 2017
Investigatory Powers (Interception by Port of Tillingham Police) Regulations 2017
Investigatory Powers (Interception by Port of Asheldham Police) Regulations 2017
Investigatory Powers (Interception by Port of Dealhaven Police) Regulations 2017
Investigatory Powers (Interception by Port of Fambridge Police) Regulations 2017
Investigatory Powers (Interception by Port of Woodham Ferrers Police) Regulations 2017
Investigatory Powers (Interception by Port of North Fambridge Police) Regulations 2017
Investigatory Powers (Interception by Port of South Woodham Ferrers Police) Regulations 2017
Investigatory Powers (Interception by Port of Hullbridge Police) Regulations 2017
Investigatory Powers (Interception by Port of Rayleigh Police) Regulations 2017
Investigatory Powers (Interception by Port of Rochford Police) Regulations 2017
Investigatory Powers (Interception by Port of Southend Police) Regulations 2017
Investigatory Powers (Interception by Port of Leigh Police) Regulations 2017
Investigatory Powers (Interception by Port of Chalkwell Police) Regulations 2017
Investigatory Powers (Interception by Port of Westcliff Police) Regulations 2017
Investigatory Powers (Interception by Port of Shoeburyness Police) Regulations 2017
Investigatory Powers (Interception by Port of Foulness Police) Regulations 2017
Investigatory Powers (Interception by Port of Potton Island Police) Regulations 2017
Investigatory Powers (Interception by Port of Rushley Island Police) Regulations 2017
Investigatory Powers (Interception by Port of Havengore Island Police) Regulations 2017
Investigatory Powers (Interception by Port of New England Island Police) Regulations 2017
Investigatory Powers (Interception by Port of Wallasea Island Police) Regulations 2017
Investigatory Powers (Interception by Port of Bridgemarsh Island Police) Regulations 2017
Investigatory Powers (Interception by Port of Horsey Island Police) Regulations 2017
Investigatory Powers (Interception by Port of Osea Island Police) Regulations 2017
Investigatory Powers (Interception by Port of Northey Island Police) Regulations 2017
Investigatory Powers (Interception by Port of Mersea Island Police) Regulations 2017
Investigatory Powers (Interception by Port of Cobbolds Point Police) Regulations 2017
Investigatory Powers (Interception by Port of Felixstowe Ferry Police) Regulations 2017
Investigatory Powers (Interception by Port of Bawdsey Quay Police) Regulations 2017
Investigatory Powers (Interception by Port of Alderton Police) Regulations 2017
Investigatory Powers (Interception by Port of Hollesley Police) Regulations 2017
Investigatory Powers (Interception by Port of Shingle Street Police) Regulations 2017
Investigatory Powers (Interception by Port of Boyton Police) Regulations 2017
Investigatory Powers (Interception by Port of Butley Police) Regulations 2017
Investigatory Powers (Interception by Port of Capel Police) Regulations 2017
Investigatory Powers (Interception by Port of Gedgrave Police) Regulations 2017
Investigatory Powers (Interception by Port of Hacheston Police) Regulations 2017
Investigatory Powers (Interception by Port of Iken Police) Regulations 2017
Investigatory Powers (Interception by Port of Orford Police) Regulations 2017
Investigatory Powers (Interception by Port of Sudbourne Police) Regulations 2017
Investigatory Powers (Interception by Port of Tunstall Police) Regulations 2017
Investigatory Powers (Interception by Port of Wantisden Police) Regulations 2017
Investigatory Powers (Interception by Port of Chillesford Police) Regulations 2017
Investigatory Powers (Interception by Port of Eyke Police) Regulations 2017
Investigatory Powers (Interception by Port of Rendlesham Police) Regulations 2017
Investigatory Powers (Interception by Port of Campsea Ashe Police) Regulations 2017
Investigatory Powers (Interception by Port of Marlesford Police) Regulations 2017
Investigatory Powers (Interception by Port of Parham Police) Regulations 2017
Investigatory Powers (Interception by Port of Hoo Police) Regulations 2017
Investigatory Powers (Interception by Port of Ufford Police) Regulations 2017
Investigatory Powers (Interception by Port of Wickham Market Police) Regulations 2017
Investigatory Powers (Interception by Port of Pettistree Police) Regulations 2017
Investigatory Powers (Interception by Port of Boulge Police) Regulations 2017
Investigatory Powers (Interception by Port of Debach Police) Regulations 2017
Investigatory Powers (Interception by Port of Clopton Police) Regulations 2017
Investigatory Powers (Interception by Port of Kesgrave Police) Regulations 2017
Investigatory Powers (Interception by Port of Martlesham Police) Regulations 2017
Investigatory Powers (Interception by Port of Brightwell Police) Regulations 2017
Investigatory Powers (Interception by Port of Bucklesham Police) Regulations 2017
Investigatory Powers (Interception by Port of Foxhall Police) Regulations 2017
Investigatory Powers (Interception by Port of Nacton Police) Regulations 2017
Investigatory Powers (Interception by Port of Levington Police) Regulations 2017
Investigatory Powers (Interception by Port of Stratton Hall Police) Regulations 2017
Investigatory Powers (Interception by Port of Kirton Police) Regulations 2017
Investigatory Powers (Interception by Port of Trimley Police) Regulations 2017
Investigatory Powers (Interception by Port of Falkenham Police) Regulations 2017
Investigatory Powers (Interception by Port of Hemley Police) Regulations 2017
Investigatory Powers (Interception by Port of Waldringfield Police) Regulations 2017
Investigatory Powers (Interception by Port of Newbourne Police) Regulations 2017
Investigatory Powers (Interception by Port of Culpho Police) Regulations 2017
Investigatory Powers (Interception by Port of Playford Police) Regulations 2017
Investigatory Powers (Interception by Port of Grundisburgh Police) Regulations 2017
Investigatory Powers (Interception by Port of Burgh Police) Regulations 2017
Investigatory Powers (Interception by Port of Hasketon Police) Regulations 2017
Investigatory Powers (Interception by Port of Little Bealings Police) Regulations 2017
Investigatory Powers (Interception by Port of Great Bealings Police) Regulations 2017
Investigatory Powers (Interception by Port of Bealings Police) Regulations 2017
Investigatory Powers (Interception by Port of Martlesham Heath Police) Regulations 2017
Investigatory Powers (Interception by Port of Kesgrave Police) Regulations 2017
Investigatory Powers (Interception by Port of Rushmere Police) Regulations 2017
Investigatory Powers (Interception by Port of Brightwell Police) Regulations 2017
Investigatory Powers (Interception by Port of Bucklesham Police) Regulations 2017
Investigatory Powers (Interception by Port of Foxhall Police) Regulations 2017
Investigatory Powers (Interception by Port of Nacton Police) Regulations 2017
Investigatory Powers (Interception by Port of Levington Police) Regulations 2017
Investigatory Powers (Interception by Port of Stratton Hall Police) Regulations 2017
Investigatory Powers (Interception by Port of Kirton Police) Regulations 2017
Investigatory Powers (Interception by Port of Trimley Police) Regulations 2017
Investigatory Powers (Interception by Port of Falkenham Police) Regulations 2017
Investigatory Powers (Interception by Port of Hemley Police) Regulations 2017
Investigatory Powers (Interception by Port of Waldringfield Police) Regulations 2017
Investigatory Powers (Interception by Port of Newbourne Police) Regulations 2017
Investigatory Powers (Interception by Port of Culpho Police) Regulations 2017
Investigatory Powers (Interception by Port of Playford Police) Regulations 2017
Investigatory Powers (Interception by Port of Grundisburgh Police) Regulations 2017
Investigatory Powers (Interception by Port of Burgh Police) Regulations 2017
Investigatory Powers (Interception by Port of Hasketon Police) Regulations 2017
Investigatory Powers (Interception by Port of Little Bealings Police) Regulations 2017
Investigatory Powers (Interception by Port of Great Bealings Police) Regulations 2017
Investigatory Powers (Interception by Port of Bealings Police) Regulations 2017
Investigatory Powers (Interception by Port of Martlesham Heath Police) Regulations 2017
Investigatory Powers (Interception by Port of Kesgrave Police) Regulations 2017
Investigatory Powers (Interception by Port of Rushmere Police) Regulations 2017

ai analysis

Case Summary

Key Issues

{"issue_text":"Whether the magistrate erred in finding material disputes of fact requiring trial","issue_type":"procedural","dispositive":"yes","related_facts":"Conflicting versions of the transaction, absence of answering affidavit"}
{"issue_text":"Whether the magistrate erred in dismissing the application instead of merely referring to trial","issue_type":"procedural","dispositive":"yes","related_facts":"Magistrate's concession of error"}

This summary was generated by AI. Use Zalari to read the full judgment.

background

Facts of the Case

Background

The appellant lent US$10,000 to the first respondent in September 2014, secured by a BMW motor vehicle. When the loan was not repaid by the due date, the appellant sought court confirmation of ownership of the vehicle. The first respondent opposed, claiming the money was for tax consultancy services and the appellant had cancelled the arrangement.

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