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Harare High Court
Johanes Faurie v Andrew Machiha
HH 486-13
Case Details
Court
Harare High Court
Date
18 December 2013
Citation
HH 486-13
Neutral Citation
[2013] ZWHH 486
Outcome
unknown
Case Type
Application
Bench
Presiding
MTSHIYA J
Full Bench
MTSHIYA J
Areas of Law
Property LawCivil Procedure
Keywords
spoliationprovisional ordervehicle securitypeaceful possession
Tags
spoliation ordervehicle securityprovisional order confirmation
legislation
Statutes Cited
- None cited
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the provisional order of 15 March 2012 should be confirmed","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant was despoiled of vehicle, first respondent did not oppose"}
- {"issue_text":"Whether second respondent has standing to oppose confirmation","issue_type":"procedural","dispositive":"no","related_facts":"Second respondent was joined as party, claims ownership"}
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background
Facts of the Case
Background
The applicant loaned US$8,000 to the first respondent who surrendered an Isuzu vehicle as security. The first respondent later sold the vehicle to the second respondent. The applicant obtained a provisional spoliation order when the vehicle was taken from him, which he now seeks to have confirmed.
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