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Harare High Court
Premier Service Medical Aid Society v Henry Mandishona
HH 219-17
Case Details
Court
Harare High Court
Date
4 April 2017
Citation
HH 219-17
Neutral Citation
[2017] ZWHH 219
Outcome
unknown
Case Type
Application
Bench
Presiding
CHAREWA J
Full Bench
CHAREWA J
Areas of Law
Property lawCivil procedure
Keywords
rei vindicatioexecution pending appealcompany vehicletermination of employmentirreparable harm
Tags
rei vindicatioemployment benefitsexecution pending appeal
legislation
Statutes Cited
- (none – no statute or statutory provision is quoted or interpreted)
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether leave to execute pending appeal should be granted","issue_type":"procedural","dispositive":"yes","related_facts":"Vehicle depreciating; respondent withholds vehicle pending appeal"}
- {"issue_text":"Whether respondent has reasonable prospects of success on appeal against vindicatory order","issue_type":"mixed","dispositive":"yes","related_facts":"Reinstatement order extant; employment contract terminated"}
- {"issue_text":"Whether respondent would suffer irreparable harm if execution allowed","issue_type":"law","dispositive":"no","related_facts":"Respondent claims continued employment; applicant claims depreciation"}
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background
Facts of the Case
Background
The applicant employer terminated the respondent’s employment and then obtained a vindicatory order for return of a company Mercedes-Benz. While appealing that order, the respondent refused to surrender the vehicle. The applicant now seeks leave to execute pending appeal.
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