Makamure v Devon Engeneering (Pvt) Ltd (HC 5251 of 2007) [2008] ZWHHC 106 (25 November 2008)

Makamure v Devon Engeneering (Pvt) Ltd (HC 5251 of 2007) [2008] ZWHHC 106 (25 November 2008)

The applicant has no legal entitlement to retain the vehicle as he only holds a right of first refusal, not an option to purchase, and the respondent is not compelled to sell the vehicle. The provisional order is discharged and the application is dismissed with costs.

Citation
[2008] ZWHHC 106
Parties
Applicant: Onai Makamure; Respondent: Devon Engineering (Pvt) Ltd
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
25 November 2008
Case Number
HC 5251 of 2007
Procedural Posture
Civil Application / Ruling on Confirmation of Provisional Order
Outcome
Application dismissed with costs
Legal Topics
Right of First Refusal, Specific Performance, Interdicts, Employment Benefits
Source Language
English
Employment Law Contract Law Right of First Refusal Specific Performance Interdicts Employment Benefits

Case Brief

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Parties

Onai Makamure

Applicant

Devon Engineering (Pvt) Ltd

Respondent

Procedural Posture

Civil Application / Ruling on Confirmation of Provisional Order

Legal Issues

  1. 1 Whether the applicant is entitled to retain possession of the vehicle pending determination of the main action
  2. 2 Whether the applicant has an option to purchase or merely a right of first refusal under the vehicle policy
  3. 3 Whether the respondent can be compelled to sell the vehicle to the applicant

Ratio Decidendi

The applicant has no legal entitlement to retain the vehicle as he only holds a right of first refusal, not an option to purchase, and the respondent is not compelled to sell the vehicle. The provisional order is discharged and the application is dismissed with costs.

Court Disposition

Application dismissed with costs

Orders

  • The provisional order is discharged
  • The application is dismissed with costs