Sibanda v Communications & Allied Industries Pension Fund (HC 7034 of 2014; HH 83 of 2017) [2017] ZWHHC 83 (8 February 2017)

Sibanda v Communications & Allied Industries Pension Fund (HC 7034 of 2014; HH 83 of 2017) [2017] ZWHHC 83 (8 February 2017)

The defendant fulfilled its obligation by issuing and posting the crossed cheque to the plaintiff's provided address as instructed by the employer; risk of loss passed to the plaintiff upon posting, and there is no further pension due from the defendant.

Citation
[2017] ZWHHC 83
Parties
Plaintiff: Michael Sibanda; Defendant: Communications & Allied Industries Pension Fund
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
8 February 2017
Case Number
HC 7034 of 2014 ; HH 83 of 2017
Procedural Posture
Civil Trial / Judgment
Outcome
Plaintiff's claim dismissed with costs.
Legal Topics
Payment by Cheque, Pension Entitlements, Employer Instructions, Risk of Loss in Postal Delivery
Source Language
English
Pensions Law Contract Law Payment by Cheque Pension Entitlements Employer Instructions Risk of Loss in Postal Delivery

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Parties

Michael Sibanda

Plaintiff

Communications & Allied Industries Pension Fund

Defendant

Procedural Posture

Civil Trial / Judgment

Legal Issues

  1. 1 Whether there is still any pension due to the plaintiff
  2. 2 Who is liable for the loss on the cheque of Z$29,435.64

Ratio Decidendi

The defendant fulfilled its obligation by issuing and posting the crossed cheque to the plaintiff's provided address as instructed by the employer; risk of loss passed to the plaintiff upon posting, and there is no further pension due from the defendant.

Court Disposition

Plaintiff's claim dismissed with costs.

Orders

  • Plaintiff's claim is dismissed with costs.