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Harare High Court
Memory Tembo v PCJ Motorways
HH 224-17
Case Details
Court
Harare High Court
Date
3 April 2017
Citation
HH 224-17
Neutral Citation
[2017] ZWHH 224
Outcome
unknown
Case Type
Application
Bench
Presiding
DUBE J
Full Bench
DUBE J
Areas of Law
Civil ProcedureDelictJurisdiction
Keywords
attachment to found jurisdictionperegrine respondentbusesBotswana companyroad accident
Tags
attachment to found jurisdictionperegrinusroad traffic accidentvicarious liability
legislation
Statutes Cited
- High Court Act [Chapter 7:06]
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the applicant has satisfied requirements for attachment of property to found jurisdiction against a peregrinus respondent","issue_type":"procedural","dispositive":"yes","related_facts":"Respondent's buses travel in and out of Zimbabwe; buses not permanently located in Zimbabwe"}
- {"issue_text":"Whether the property sought to be attached is within the jurisdiction and capable of attachment","issue_type":"mixed","dispositive":"yes","related_facts":"Buses frequent Zimbabwe but not permanently located there; buses not positively identified"}
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background
Facts of the Case
Background
The applicant, a Zimbabwean passenger injured in a road accident involving the respondent's bus in Zimbabwe, sought to attach the respondent's buses to found jurisdiction. The respondent is a Botswana-registered company whose buses frequently travel between Botswana and Zimbabwe.
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