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Harare High Court
Onai Makamure v Devon Engineering (Pvt) Ltd
HH 106-2008
Case Details
Court
Harare High Court
Date
26 November 2008
Citation
HH 106-2008
Neutral Citation
[2008] ZWHH 106
Outcome
unknown
Case Type
Application
Bench
Presiding
GOWORA J
Full Bench
GOWORA J
Areas of Law
Employment LawContract Law
Keywords
Right of first refusalOption to purchaseCompany vehicleEmployment benefitsSpecific performance
Tags
Employment contractCompany vehicle policyRight of first refusal
legislation
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ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the applicant has a right to purchase the company vehicle under the employment policy","issue_type":"mixed","dispositive":"yes","related_facts":"Applicant used vehicle for over three years; company policy provides for disposal after three years with right of first refusal"}
- {"issue_text":"Whether a right of first refusal can be exercised without a third party offer","issue_type":"law","dispositive":"yes","related_facts":"No third party offer exists for the vehicle; no price specified"}
- {"issue_text":"Whether the respondent can be compelled to offer the vehicle for sale","issue_type":"law","dispositive":"yes","related_facts":"Company policy states vehicles \"shall be disposed of\" after three years"}
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background
Facts of the Case
Background
The applicant, a former employee of the respondent, sought to retain possession of a company vehicle (Mazda B1800 registration AAG 9397) claiming a right to purchase it under the company vehicle policy after three years of use. The respondent demanded return of the vehicle upon the applicant's resignation. The applicant had obtained a provisional order allowing him to retain possession pending determination of a separate case for specific performance regarding the vehicle purchase.
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