Nqobile Bhebhe v First Bank Corporation (FBC Bank) and The General Manager FBC Bank

[2013] ZWHH 295

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Case Details

Court

Harare High Court

Date

14 August 2013

Citation

[2013] ZWHH 295

Judgment No.

HH 295-13

Outcome

unknown

Case Type

Urgent Application

Bench

Presiding

MWAYERA J

Full Bench

MWAYERA J

Areas of Law

Spoliation orderUrgent chamber applicationCommercial law

Keywords

SpoliationVehicle repossessionEmployee loan schemeUrgent applicationConsent

Key Issues

{"issue_text":"Whether the requirements for spoliation order have been met","issue_type":"law","dispositive":"yes","related_facts":"Applicant voluntarily drove vehicle to respondent's basement; Two-month delay in approaching court"}
{"issue_text":"Whether the application meets the requirements for urgency","issue_type":"procedural","dispositive":"no","related_facts":"Delay of approximately two months in approaching court"}

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background

Facts of the Case

Background

The applicant, a former employee of FBC Bank, sought an urgent spoliation order to recover possession of a motor vehicle (BT50) that he claimed was forcefully taken by the respondents. The vehicle had been purchased through an employee loan scheme. After his employment was terminated, the applicant voluntarily drove the vehicle to the respondent's basement and left it there on 24 May 2013, only to approach the court on 6 August 2013 claiming spoliation.

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