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STANBIC FINANCE ZIMBABWE LTD v CHIVHUNGWA 1999 (1) ZLR 262 (H)

1999 (1) ZLR p262

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
T Matatu, for the respondent

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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