STANBIC FINANCE ZIMBABWE LTD v CHIVHUNGWA 1999 (1) ZLR 262 (H)
Citation | 1999 (1) ZLR 262 (H) |
Case No | Judgment No. HB-19-99 |
Court | High Court, Bulawayo |
Judge | Malaba J |
Heard | 19 February 1999 |
Judgment | 29 April 1999 |
Counsel | R Moyo, for the applicant |
Case Type | Civil application |
Annotations | Link to case annotations |
Flynote
Estoppel — negligent misrepresentation — when can be proved — finance company owner of vehicle under hire-purchase agreement — vehicle registered in name of hirer-purchaser — vehicle being sold to third party while hire-purchase agreement still in force — whether owner under any duty of care to third party
Property and real rights — ownership — movables — vindication — estoppel — negligent misrepresentation — when can be proved — when owner of vehicle can be estopped from vindicating vehicle from third party — exceptio doli generalis — when owner may be prevented from vindicating even where no culpa on his part shown — extremely limited circumstances where an owner will not be allowed to vindicate his own property
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