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PATEL v SIGAUKE & ANOR 1994 (2) ZLR 123 (S)

1994 (2) ZLR p123

Citation

1994 (2) ZLR 123 (S)

Case No

Details not supplied

Court

Supreme Court, Harare

Judge

Gubbay CJ, McNally JA & Korsah JA

Heard

4 July 1994

Judgment

28 July 1994

Counsel

AP de Bourbon SC for the appellant
W Ncube for the first respondent
M J Gillespie for the second respondent

Case Type

Civil appeal

Annotations

No case annotations to date

Flynote

Customs and excise — Customs and Excise Act [Chapter 177] — s 176(a) — seizure of goods — motor car brought into country on immigrant's rebate and sold before expiry of year from date of import — car seized from buyer — to whom vehicle should be returned

Real rights — possession — nature of right — person lawfully dispossessed of unlawfully obtained goods — whether entitled to reclaim possession

Contract — illegality — goods imported under rebate sold contrary to terms of importation — whether such contract void ab initio or merely voidable

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