Securitas (Pvt) Ltd v Chaamba (HH 95 of 2003) [2003] ZWHHC 95 (29 July 2003)

Securitas (Pvt) Ltd v Chaamba (HH 95 of 2003) [2003] ZWHHC 95 (29 July 2003)

The defendant's failure to follow established procedures for receipting and banking, and his failure to check that the funds were deposited, amounted to gross negligence, making him liable for the loss.

Source-derived case information.

Citation
[2003] ZWHHC 95
Parties
Plaintiff: Securitas (Private) Limited; Defendant: R B Chaamba
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
29 July 2003
Case Number
HH 95 of 2003
Procedural Posture
Civil / Judgment
Outcome
judgment for plaintiff
Legal Topics
Gross Negligence, Conversion, Employee Liability, Loss of Company Funds
Source Language
english
Employment Law Tort Law Gross Negligence Conversion Employee Liability Loss of Company Funds

Source-derived case record

Summary, issues, holding and outcome

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Parties

Securitas (Private) Limited

Plaintiff

R B Chaamba

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the defendant unlawfully converted or lost company funds through gross negligence
  2. 2 Whether the defendant is liable to replace the lost funds

Ratio Decidendi

The defendant's failure to follow established procedures for receipting and banking, and his failure to check that the funds were deposited, amounted to gross negligence, making him liable for the loss.

Court Disposition

judgment for plaintiff

Orders

  • Defendant to pay plaintiff $286,195.50 with interest at 30% per annum from 14 May 2002 to date of payment
  • Defendant to pay costs of suit