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Harare High Court
Judicial Service Commission v Erica Fungai Ndewere
HH 792-22
Case Details
Court
Harare High Court
Date
9 November 2022
Citation
HH 792-22
Neutral Citation
[2022] ZWHH 792
Outcome
unknown
Case Type
Application
Bench
Presiding
CHILIMBE J
Full Bench
CHILIMBE J
Areas of Law
Property LawAdministrative LawConstitutional Law
Keywords
rei vindicatiomotor vehicle recoveryjudicial service commissionjudge removalauthority to litigate
Tags
rei vindicatiomotor vehiclejudicial conditions of service
legislation
Statutes Cited
- Constitution of Zimbabwe, 2013
- Constitution of Zimbabwe, 2013
- Constitution of Zimbabwe, 2013
- Constitution of Zimbabwe, 2013
- Judicial Service Act
- Public Finance Management Act
- High Court Rules, 1971 (Old)
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the JSC secretary had valid authority to institute these proceedings against respondent","issue_type":"procedural","dispositive":"yes","related_facts":"JSC resolution dated 6 June 2019; previous court decisions on same issue"}
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background
Facts of the Case
Background
The JSC instituted rei vindicatio proceedings to recover a Mercedes Benz E300 motor vehicle from former High Court judge Erica Ndewere, who was removed from office on 17 June 2021. The vehicle was issued as a condition of service but remained in her possession after removal. Respondent challenged the proceedings on basis that the JSC secretary lacked authority to institute them.
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