Fine Times (Pvt) Limited v Zimbabwe Revenue Authority

HH 24-17

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Case Details

Court

Harare High Court

Date

18 January 2017

Citation

HH 24-17

Neutral Citation

[2017] ZWHH 24

Outcome

unknown

Case Type

Application

Bench

Presiding

Matanda-Moyo J

Full Bench

Matanda-Moyo J

Areas of Law

Customs and Excise LawAdministrative Law

Keywords

customs seizuremisdeclarationbill of entryclearing agentcustoms penalties

Key Issues

{"issue_text":"Whether the respondent was justified in seizing the goods and imposing penalties where the misdeclaration was due to the supplier shipping wrong goods and the clearing agent's negligence","issue_type":"mixed","dispositive":"yes","related_facts":"Discrepancy between declared and actual goods; clearing agent's incorrect declaration; supplier acknowledged shipping wrong goods"}

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background

Facts of the Case

Background

The applicant imported 1950 cartons of bulbs but the physical examination revealed a discrepancy between what was declared and what was in the containers, causing potential prejudice of revenue to the State in the amount of US$43,605.61. The respondent seized the goods and imposed penalties. The applicant approached the court seeking release of the goods and waiver of penalties, arguing no fault could be imputed to it as the supplier had shipped wrong goods.

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