DEVEN ENGINEERING (PVT) LTD v CHIYANGWA & ORS 2007 (1) ZLR 58 (H)
Citation | 2007 (1) ZLR 58 (H) |
Case No | Judgment No. HH-01-07 |
Court | High Court, Harare |
Judge | Bhunu J |
Heard | 12 January 2007 |
Judgment | 24 January 2007 |
Counsel | R M Fitches for the applicant |
Case Type | Chamber application |
Annotations | No case annotations to date |
Flynote
Contract — lien — right of retention of property as a workman's lien — bus surrendered to police in circumstances where the holder of the lien was powerless to resist — lien holder entitled to restoration of its lien
Costs — legal practitioner and client scale — party to civil dispute wrongfully having recourse to criminal law — such action reprehensible — award of costs on the higher scale appropriate
Legal practitioner — conduct and ethics — public prosecutor — interfering in civil dispute — irregular and unbecoming conduct
Property and real rights — lien — loss of — voluntary hand over or surrender of disputed property — property being taken by police in contravention of Criminal Procedure & Evidence Act — not a voluntary surrender — lien restored
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