Dudi Mining Activities v Central African Bank Building Society (HC 2963 of 2019; HH 7 of 2020) [2020] ZWHHC 7 (8 January 2020)

Dudi Mining Activities v Central African Bank Building Society (HC 2963 of 2019; HH 7 of 2020) [2020] ZWHHC 7 (8 January 2020)

The applicant failed to follow the mandatory procedure under s 58A(2) of the Criminal Procedure and Evidence Act by not first approaching the police officer for release of the seized property, rendering the application fatally defective.

Citation
[2020] ZWHHC 7
Parties
Applicant: Dudi Mining Activities; Respondent: Central African Building Society
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
8 January 2020 7 December 2020 8 January 2020
Case Number
HC 2963 of 2019 ; HH 7 of 2020
Procedural Posture
Opposed Application / Ruling on Preliminary Objection
Outcome
Application dismissed
Legal Topics
Account Freezing, Search and Seizure, Procedure Under Criminal Procedure and Evidence Act
Source Language
English
Criminal Procedure Banking Law Account Freezing Search and Seizure Procedure Under Criminal Procedure and Evidence Act

Case Brief

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Parties

Dudi Mining Activities

Applicant

Central African Building Society

Respondent

Procedural Posture

Opposed Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the application to unfreeze the account should be made to the police officer under s 58A(2) of the Criminal Procedure and Evidence Act before approaching the court
  2. 2 Whether the applicant followed the correct procedure for release of seized property

Ratio Decidendi

The applicant failed to follow the mandatory procedure under s 58A(2) of the Criminal Procedure and Evidence Act by not first approaching the police officer for release of the seized property, rendering the application fatally defective.

Court Disposition

Application dismissed

Orders

  • The preliminary point is upheld.
  • The application is dismissed.