BHUNU
JA:
1.
At the conclusion of submissions by counsel, the Court delivered a
unanimous ex-tempore judgment. Counsel for the first respondent has
now requested written reasons for the ex-tempore judgment.
2.
It was couched as follows:
“We
hereby present the unanimous decision of the court.
(a)
This is an appeal against the whole judgment of the High Court (the
court a
quo),
in
which
it
struck off the roll an urgent application seeking to interdict the
respondent from evicting the appellant from a certain farm known as
the Remainder of West Hay Sabona Bon without a court order.
(b)
The court a
quo
in striking the matter off the roll upheld the point in limine
raised by the second respondent to the effect that the appellant sued
a non-existent entity namely Balware Holdings (Pvt) Ltd as the first
respondent.
(c)
It is common cause that on 8 July 2020 the court a
quo
dissolved the first respondent as a company under case number
HC2860/20. The order is still extant.
(d)
It is trite that the order is binding on the parties and the world at
large it being a judgment in
rem,
as submitted by Mr Magwaliba.
We accordingly find that there is no merit in this appeal. Costs
follow the result.
(e)
In the final analysis it is ordered that the appeal be and is hereby
dismissed with costs.”
CHIWESHE
JA: I
agree
MWAYERA
JA: I
agree
W.O.M.
Simango & Associates,
respondent's legal practitioners
