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Judgment No. SC 36/18
Civil Appeal No. SC 279/16
On 14 March 2013 the Secretary for Home Affairs advised the respondent in writing
that the Office of the President and Cabinet had directed that the appellant be recalled from his
employment with the respondent and report to the Ministry of Home Affairs for immediate reassignment. In addition, the appellant was, by letter dated 14 March 2013, directed to report to the
said Ministry by no later than 15 March 2013.
On or about 18 March 2013 the appellant was arrested by the Zimbabwe Republic
Police on certain allegations the details of which are not germane to the determination of this
dispute. Following upon his recall and arrest, on 16 July 2013, the respondent addressed a letter to
the appellant calling upon him to return to the respondent a Mercedes Benz ML350 motor vehicle,
registration number ABE 9989 and an Isuzu D Tech KB 300 motor vehicle, registration number
LLD 533(ABE 9841). The appellant did not comply.
On 29 July 2014, officers of the respondent accompanied by members of the
Zimbabwe Republic Police arrived at the appellant’s residence and obtained custody of the
vehicles. On 15 May 2015, the appellant filed a court application with the High Court in terms of
which he sought return of the two vehicles to himself. He alleged that he had been forcibly
dispossessed of the vehicles by the respondent with the assistance of members of the Zimbabwe
Republic Police who he alleged as having been heavily armed.
The High Court dismissed the application. The court a quo found that the appellant
had acquiesced in the repossession of the two vehicles by the respondent. This finding was
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