Maxwell Chiweshe v Tinotenda Saki and Nyasha Saki

HH 75-13

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Case Details

Court

Harare High Court

Date

1 March 2013

Citation

HH 75-13

Neutral Citation

[2013] ZWHH 75

Outcome

unknown

Case Type

Trial

Bench

Presiding

Dube J

Full Bench

Dube J

Areas of Law

DelictContract of SaleConsumer Protection

Keywords

stolen motor vehiclewarranty against evictionvirilis defensioSouth African police

Key Issues

{"issue_text":"Whether the vehicle impounded in South Africa is the same vehicle sold to the plaintiff","issue_type":"fact","dispositive":"yes","related_facts":"Matching chassis and engine numbers, SAPS records"}
{"issue_text":"Whether the defendants are liable for breach of implied warranty against eviction","issue_type":"law","dispositive":"yes","related_facts":"Dispossession by SAPS, stolen vehicle"}
{"issue_text":"Whether the plaintiff conducted a proper defence (virilis defensio) against SAPS","issue_type":"law","dispositive":"yes","related_facts":"Pleaded guilty, paid fine"}
{"issue_text":"Whether the second defendant is jointly liable","issue_type":"fact","dispositive":"no","related_facts":"No direct involvement in sale"}

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background

Facts of the Case

Background

The plaintiff bought a Mercedes Benz from the first defendant through an agent. In 2009 the vehicle was impounded by South African Police as stolen property. The plaintiff was convicted and fined. He sued the defendants for delivery of the vehicle or damages, alleging breach of the implied warranty against eviction.

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