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Supreme Court
Midriver Enterprises (Private) Limited v Reuben Pashani
SC 31/20
Case Details
Court
Supreme Court
Date
19 September 2016
Citation
SC 31/20
Neutral Citation
[2020] ZWSC 31
Outcome
unknown
Case Type
Appeal
Bench
Presiding
GWAUNZA JA
Author
HLATSHWAYO JA
Full Bench
GWAUNZA JAHLATSHWAYO JAMAVANGIRA JA
Areas of Law
Property LawCommercial Law
Keywords
spoliationmandament van spolietobacco balespossessiondispossession
Tags
spoliationmandament van spolietobaccopossession
legislation
Statutes Cited
- Exchange Control (Tobacco Finance) Order, 2004
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether requirements for granting spoliation remedy were satisfied","issue_type":"law","dispositive":"yes","related_facts":"Appellant unlawfully dispossessed respondent; appellant claimed no longer in possession"}
- {"issue_text":"Whether number of bales despoiled was 437 or 378","issue_type":"fact","dispositive":"yes","related_facts":"Respondent claimed 437; appellant conceded 378; no proof of 437"}
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background
Facts of the Case
Background
The appellant unlawfully dispossessed the respondent of 378 bales of tobacco. The respondent brought an urgent chamber application for mandament van spolie which was granted by the High Court. The appellant appealed arguing the remedy was no longer competent as the tobacco had been sold to third parties.
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