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Harare High Court
Maxmore Njanji & Chita One Logistics (Pvt) Ltd & Square Family Trust v Prosecutor General & Registrar of Deeds & Registrar of Motor Vehicles
HH 237-23
Case Details
Court
Harare High Court
Date
6 April 2023
Citation
HH 237-23
Neutral Citation
[2023] ZWHH 237
Outcome
unknown
Case Type
Application
Bench
Presiding
Chikowero J
Full Bench
Chikowero J
Areas of Law
Criminal ProcedureProperty SeizureRescission of Judgments
Keywords
property seizure orderMoney Laundering and Proceeds of Crime Actrescissionex parte applicationcriminal investigation
Tags
property seizurerescission applicationanti-corruptionex parte order
legislation
Statutes Cited
- Money Laundering and Proceeds of Crime Act
- Money Laundering and Proceeds of Crime Act
- High Court Rules, 2021
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether s 29(1)(a) of the High Court Rules, 2021 applies to rescind a property seizure order granted in criminal proceedings","issue_type":"procedural","dispositive":"yes","related_facts":"The original order was granted under s 47(1)(b) of the Money Laundering and Proceeds of Crime Act, which falls under Chapter IV dealing with conviction-based confiscation"}
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background
Facts of the Case
Background
The applicants sought rescission of a property seizure order granted ex parte against them under s 47(1)(b) of the Money Laundering and Proceeds of Crime Act. The order was granted on 18 October 2022 by Kwenda J in case HACC 28/22. The applicants contended it was erroneously granted in their absence.
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