Quarrying Enterprises (Pvt) Ltd. v Smit & Anor (HC 2946 of 2015; HH 204 of 2016) [2016] ZWHHC 204 (23 March 2016)

Quarrying Enterprises (Pvt) Ltd. v Smit & Anor (HC 2946 of 2015; HH 204 of 2016) [2016] ZWHHC 204 (23 March 2016)

Respondents' contracts of employment were terminated and their appeal dismissed; they have no contractual or legal right to retain the vehicles, and the High Court has jurisdiction to grant rei vindicatio. Applicant is entitled to recover its property.

Citation
[2016] ZWHHC 204
Parties
Applicant: Quarrying Enterprises Private Limited; Respondent: Cornelius Abraham Smit; Respondent: Zachary Dylan Smit
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
23 March 2016
Case Number
HC 2946 of 2015 ; HH 204 of 2016
Procedural Posture
Opposed Application / Judgment
Outcome
Application granted with costs on a higher scale.
Legal Topics
Rei Vindicatio, Employment Termination, Possession of Company Property, Jurisdiction of High Court
Source Language
English
Civil Law Labour Law Rei Vindicatio Employment Termination Possession of Company Property Jurisdiction of High Court

Case Brief

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Parties

Quarrying Enterprises Private Limited

Applicant

Cornelius Abraham Smit

Respondent

Zachary Dylan Smit

Respondent

Procedural Posture

Opposed Application / Judgment

Legal Issues

  1. 1 Whether respondents are entitled to retain company vehicles after termination of employment
  2. 2 Whether High Court has jurisdiction to grant rei vindicatio in employment context
  3. 3 Whether respondents have a claim of right to retain the vehicles

Ratio Decidendi

Respondents' contracts of employment were terminated and their appeal dismissed; they have no contractual or legal right to retain the vehicles, and the High Court has jurisdiction to grant rei vindicatio. Applicant is entitled to recover its property.

Court Disposition

Application granted with costs on a higher scale.

Orders

  • Respondents or any person in possession must surrender the Toyota Landcruiser (ABO8962) and Mitsubishi Pajero (ACA9480) to the Deputy Sheriff upon service of the order.
  • If not surrendered, Deputy Sheriff is authorized to seize and deliver the vehicles to the applicant.