Timothy Mukahlera v Clerk of Parliament

HH 107-2005

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Case Details

Court

Harare High Court

Date

23 November 2005

Citation

HH 107-2005

Neutral Citation

[2005] ZWHH 107

Outcome

unknown

Case Type

Application

Bench

Presiding

Patel J

Full Bench

Patel J

Areas of Law

Administrative LawPrescription LawCivil Procedure

Keywords

Vehicle Loan SchemePrescriptionFundForeign currencyCitation

Key Issues

{"issue_text":"Whether the applicant's claim had prescribed","issue_type":"procedural","dispositive":"yes","related_facts":"The re-allocation of the Nissan vehicle in 2001 and the letter of demand in June 2002"}
{"issue_text":"Whether the Fund should have been cited as a party","issue_type":"procedural","dispositive":"yes","related_facts":"The Fund's legal status and role in administering the Scheme"}
{"issue_text":"Whether a claim in foreign currency is competent","issue_type":"law","dispositive":"no","related_facts":"The applicant sought payment in South African Rands"}
{"issue_text":"Whether material disputes of fact preclude the application","issue_type":"procedural","dispositive":"no","related_facts":"Disputes about discrimination and allocation"}

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Facts of the Case

Background

The applicant, a Member of Parliament, applied for a vehicle under the Members of Parliament Vehicle Loan Scheme in 2001. A Nissan vehicle was purchased for him but he declined it, preferring a Mercedes Benz. The Nissan was then allocated to another MP. In June 2002, he was advised his contributions would be refunded. He filed this application in March 2005 seeking to compel respondents to provide a Pajero vehicle.

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