Michael Sibanda v Communications & Allied Industries Pension Fund

HH 83-17

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Case Details

Court

Harare High Court

Date

8 February 2017

Citation

HH 83-17

Neutral Citation

[2017] ZWHH 83

Outcome

unknown

Case Type

Trial

Bench

Presiding

Matanda-Moyo J

Full Bench

Matanda-Moyo J

Areas of Law

Pension LawBanking LawContract Law

Keywords

Pension ContributionsCrossed ChequePostal DeliveryPayment Risk

Key Issues

{"issue_text":"Whether there is still any pension due to the plaintiff","issue_type":"mixed","dispositive":"yes","related_facts":"Plaintiff received pension refund in 2000, was reinstated and paid bridging premium"}
{"issue_text":"If so who is liable for the loss on the cheque of Z$29,435.64","issue_type":"law","dispositive":"yes","related_facts":"Cheque was crossed, posted to Bulawayo, plaintiff denies receiving it"}

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background

Facts of the Case

Background

The plaintiff, a pension fund member, claimed pension payments from the defendant pension fund. The defendant had paid pension refunds by cheque in 2000 which was allegedly cashed, but the plaintiff denied receiving it. The plaintiff was later reinstated without loss of benefits and paid a bridging premium. In 2013, the defendant paid out pension on medical termination. The plaintiff sued for pension payments from 1989-1999.

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