ZIMASCO (PVT) LTD v FARAI MAYNARD MARIKANO

HH 235-11

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Case Details

Court

Harare High Court

Date

26 October 2011

Citation

HH 235-11

Neutral Citation

[2011] ZWHH 235

Outcome

unknown

Case Type

Application

Bench

Presiding

MTSHIYA J

Full Bench

MTSHIYA J

Areas of Law

Property LawLabour Law

Keywords

VindicationOwnershipClaim of RightEmployment TerminationLabour Dispute

Key Issues

{"issue_text":"Whether the respondent has established a claim of right to retain the applicant's property pending the outcome of the labour dispute","issue_type":"law","dispositive":"yes","related_facts":"Retention of property, pending labour litigation, ownership admission"}
{"issue_text":"Whether the High Court should grant the vindication application","issue_type":"law","dispositive":"yes","related_facts":"Ownership, possession, termination of employment"}
{"issue_text":"Whether the developments in the Labour Court affect the vindication application","issue_type":"procedural","dispositive":"no","related_facts":"Labour Court ruling, Supreme Court remittal"}

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background

Facts of the Case

Background

The applicant terminated the respondent's employment due to ill-health. The respondent retained company property (a vehicle, laptop, and cellphone) and challenged the dismissal in the Labour Court. The Labour Court set aside the termination, but the applicant appealed to the Supreme Court. The applicant sought vindication of the property in the High Court.

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