Ngonidzashe Gumbo v Zimbabwe Anti-Corruption Commission

LC/H/93/23

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Case Details

Court

Supreme Court

Date

19 June 2018

Citation

LC/H/93/23

Neutral Citation

None

Outcome

unknown

Case Type

Appeal

Bench

Presiding

GOWORA JA

Full Bench

GOWORA JAHLATSHWAYO JABHUNU JA

Areas of Law

Property LawCivil Procedure

Keywords

spoliationmandament van spoliepossessionunlawful deprivationacquiescencedelay

Key Issues

{"issue_text":"Whether the repossession of the vehicles constituted unlawful spoliation","issue_type":"law","dispositive":"yes","related_facts":"Peaceful possession, police assistance, indemnity document"}
{"issue_text":"Whether the delay in bringing the spoliation application was reasonable","issue_type":"fact","dispositive":"yes","related_facts":"11-month delay, criminal proceedings, lack of explanation"}
{"issue_text":"Whether the appellant acquiesced in the repossession","issue_type":"mixed","dispositive":"yes","related_facts":"Indemnity document, delay, failure to demand return from respondent"}

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background

Facts of the Case

Background

The appellant, a former Senior Assistant Commissioner of Police who was seconded as CEO to the respondent, was recalled from employment in March 2013. In July 2014, the respondent repossessed two vehicles (Mercedes Benz ML350 and Isuzu D Tech KB 300) that had been allocated to him as part of his conditions of service. The appellant filed a spoliation application in May 2015 seeking return of the vehicles, which was dismissed by the High Court.

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