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Contempt of Court re: Defiance of Court Orders

HH35-12 : DEBRAH GLORIA KOUMIDES vs PAUL KOUMIDES
Ruled By: GUVAVA J

The applicant states in her founding affidavit that her claim arises from the admissions which were made by the respondent in a pre-trial conference minute dated.,. The respondent opposed the application.,. He submitted that the order made by the court did not deal with the division of money which was held in accounts outside Zimbabwe., Contempt ...
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HH186-12 : CHRISTOPHER CHIWALO vs DOMINIC MUSEKIWA
Ruled By: CHIWESHE JP

The question to be asked is whether the respondent is in wilful defiance of this order...,. The term "wilful" denotes disregard of the order given without lawful or other justification. The respondent must have set out to defy the order regardless of the consequences.
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HB01-12 : NKULULEKO MABHENA vs P.G. INDUSTRIES (ZIM) LIMITED AND P.G. ZIMBOARD PRODUCTS (PVT) LTD AND ANOTHER
Ruled By: KAMOCHA J

In..., the Supreme Court upheld the decision of this court declaring the termination of the applicant's contract of employment null and void and reinstating him without loss of salary and benefits.,. He was allegedly reinstated to the position of Customer Services Manager.,. But the applicant's position before the purported dismissal was that of Marketing Director. ...
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Appealed
SC04-12 : SHAUN EVANS and PAUL FRIENDSHIP vs YAKUB SURTEE and COLLIN MACMILLAN and RODNEY FINNIGAN and ACROSS ENTERPRISES PL
Ruled By: ZIYAMBI JA, GARWE JA and CHEDA AJA

On 19 May 2009, the High Court (BHUNU J) granted an order in favour of the first respondent in the following terms:“1. The defendants, jointly and severally, the one paying the others to be absolved, deliver to the plaintiff 47,500 litres of fuel within forty-eight (48) hours of service of ...
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HH02-10 : JOHN RODGER & OTHERS vs FRIK MULLER & OTHERS
Ruled By: PATEL J

The first and second applicants are directors of the third applicant, which operates safari activities in the Zambezi Valley Area.The first and second respondents are directors of the third respondent, which is also a safari operator.The fourth respondent is the National Parks and Wildlife Management Authority (the Authority) responsible for ...
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HH44-10 : JOHN STRONG (PVT) LTD and TOBS STRONG (PVT) LTD vs WILLIAM WACHENUKA
Ruled By: CHATUKUTA J

This is an application for contempt of court.The background to this application is that the applicants were the owners of Disi Farm (the farm). The farm has since been acquired by the State. The respondent was issued with an offer letter for subdivision 7 (Plot 7) of the farm by ...
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HH94-09 : MATANDA (PRIVATE) LIMITED vs ONIAS GOTORE
Ruled By: MAKONI J

On 3 October 2007, this court granted a provisional order in favour of the applicant. The litigants were not present but were represented by counsel.On 23 November 2007, the applicant instituted the present proceedings for contempt of court.The applicant avers that the respondent has defied the provisional order. He was ...
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HH98-09 : KENNETH TOGARA vs THE STATE
Ruled By: KARWI J and UCHENA J

The Accused appeared before a Magistrate in a maintenance court at Harare...,. During the court sitting, the Accused committed acts of contempt of court. He was convicted thereof and sentenced to undergo forty-five days of imprisonment. In terms of section 71(2) of the Magistrates Court Act [Chapter 7:10], the Magistrate referred the matter to this court ...
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HH115-09 : GIBSON CHAMBOKO and MR CHAMBOKO SNR and CHANCE RWODZI vs PATRICK STOOKS and P J STOOKS (PVT) LTD
Ruled By: MAKONI J

On 1 June 2009 this court granted an order that case numbers HC2190/09 and HC2224/09 be heard urgently and simultaneously, consequent to an application that the matters be heard on an urgent basis and simultaneously. For ease of reference, I will refer to the parties as they are cited herein in both matters. The brief background to ...
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HH121-09 : SITHEMBEKILE NCUBE vs ALEXANDER TARASANA GUNI
Ruled By: MAVANGIRA J

The applicant contended that the respondent's conduct is contemptuous of this court's divorce order which awarded her custody of the minor children. The respondent contended that as the applicant is in Australia, he cannot be said to be in contempt of court. That would only be the case if he had refused to hand the ...
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HH164-09 : ZIMRE PROPERTY INVESTMENT (PVT) LTD vs CITY CALVARY CHURCH
Ruled By: GOWORA J

An order that a party is in contempt also allows such party an opportunity to purge his contempt before he can be incarcerated for contempt. No notice was given to the parties sought to be found in contempt, that such an order would be sought against them in the event that they disobeyed the court order. C.J.MILLER in ...
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HB38-09 : GREENFIELD NYONI vs MRS. L. P. ELMISSING and MR.M. M. ELMISSING
Ruled By: CHEDA J

This is an application for directions in the execution of the provisional order.The salient facts of the matter are that the applicant entered into a lease agreement with the respondents wherein he leased Shop Number 10 Njube Trading in 2003 and another shop in 2005 known as Jika Jika Bar, ...
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HH61-10 : WILLIAM WACHENUKA vs JOHN STRONG (PRIVATE) LIMITED and TOBS STRONG (PRIVATE) LIMITED and MINISTRY OF LANDS AGRICULTURE AND RESETTLEMENT
Ruled By: BERE J

I do not believe that this case ought to be determined on the submissions made by both legal practitioners when they appeared before me. It occurs to me that whenever there are allegations of contempt; such allegations must be investigated first, and the party alleged to be in contempt given an opportunity to explain ...
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HH118-10 : JOHN STRONG (PRIVATE) LIMITED and TOBS STRONG (PRIVATE) LIMITED vs WILLIAM WACHENUKA and MINISISTRY OF LANDS, AGRICULTURE AND RESETTLEMENT
Ruled By: GOWORA J

Every legal practitioner knows, or should be aware, that before an arrest can be ordered by this court on allegations of a party being in breach of a court order, it is necessary for the respondent to be arraigned before the court for a finding that the person had deliberately flouted a court order ...
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HH122-10 : GIBSON CHAMBOKO and MR CHAMBOKO SNR and CHANGE TOMAS KWODZI vs PATRIC JOHN STOOKS and P J STOOKS (PRIVATE) LIMITED
Ruled By: MAKONI J

In their submissions, the respondents raised a point in limine that the applicants were in contempt of the judgment that they seek to rescind. The applicants opposed the issue of contempt. On 21 October 2009, I made a finding that the applicants were in contempt of the order and that their application for its rescission will not ...
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HH04-10 : MYDALE INTERNATIONAL MARKETING (PVT) LTD vs DR ROB KELLY and HAMMER AND TONGUES (PVT) LTD
Ruled By: GOWORA J

The first respondent herein had, under Case No. HC1049/09, instituted proceedings against the applicant and second respondent herein. On 30 March 2009, OMERJEE J issued an order as follows:“IT IS ORDERED THAT:1. Mydale International Marketing (Pvt) Ltd is entitled to receive from the second respondent and have in its custody ...
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HH254-10 : TAAZADZA MUNHUMUTEMA vs JOSHUA TAPAMBWA and SYDNEY KAZHANJE and STANBIC BANK ZIMBABWE LIMITED
Ruled By: MUTEMA J

The present feud has its genesis in matters of employment law. The first and second respondents are the third respondent's Managing Director and Human Resources Manager respectively. The applicant was employed by the third respondent as a Manager. In 1995 he was dismissed from employment by the respondents. On 21 December 1999, the Employment Council ...