Prosecutor General v Magret Mukahanana Sangarwe and Sussana Makome Kuhudzayi and Walter Muzembi (Fugitive from Justice) and Aaron Dzingira Mushoriwa and Grey Hama

HH 120/21

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Case Details

Court

Harare High Court

Date

12 March 2021

Citation

HH 120/21

Neutral Citation

[2021] ZWHH 120

Outcome

unknown

Case Type

Application

Bench

Presiding

MANGOTA J

Full Bench

MANGOTA J

Areas of Law

Civil forfeitureTrust lawProperty law

Keywords

Civil forfeitureTrust propertyProceeds of crimeMoney launderingUNWTO conference

Key Issues

{"issue_text":"Whether the four motor vehicles are proceeds of crime under the Money Laundering and Proceeds of Crime Act","issue_type":"law","dispositive":"yes","related_facts":"Vehicles purchased from donations; registered in trust name; used for conference"}
{"issue_text":"Whether respondents converted government property by retaining vehicles after conference","issue_type":"mixed","dispositive":"yes","related_facts":"Vehicles never surrendered; respondents continued use; trust ownership"}
{"issue_text":"Whether defective service prevents default judgment against second and third respondents","issue_type":"procedural","dispositive":"no","related_facts":"Certificate of service defects; sheriff's failure to serve notice"}

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background

Facts of the Case

Background

The applicant sought civil forfeiture of four motor vehicles alleging they were proceeds of crime and that respondents had converted them after the 2013 UNWTO conference. The vehicles were purchased through donations channeled to a trust established by government for the conference and remained registered in the trust's name.

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