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Interim Interdict or Final Order re: Past Invasion of Rights Premised On Prima Facie Lawful Conduct & Right to Legality

HH54-09 : ROGERS DHLIWAYO vs SHAUN MANDAA KUDINGA AND TWO OTHERS
Ruled By: MAKONI J

It is clear from the above remarks by MAKARAU JP that the writ was irregularly obtained. I would add to the above remarks that if the intention of the legislature that a certificate of ejectment be an ejectment order or be registered with the Magistrate's Court for purposes of execution, then the legislature would ...
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HH23-12 : AUSTIN ZVOMA vs LOVEMORE MOYO N.O. and NOMALANGA KHUMALO N.O .and BRIAN TSHUMA N.O. and SHEPPARD MUSHONGA N.O. and EDNA MADZONGWE N.O. and WILLIAS MADZIMURE N.O. and LYNETTE KARENYI N.O.
Ruled By: BERE J

On 12 December 2011, the applicant filed an application in this court under Case No. HC12336/11 seeking a prohibitory interdict against the respondents.The remedy sought was to prevent the respondents from moving or accepting any motion from any member of the House of Assembly to dismiss the applicant without the ...
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HH06-10 : HARLAND BROTHERS (PVT) LIMITED and RAYMOND FINAUGHTY vs THE MINISTER OF LANDS AND RURAL RESETTLEMENT and MRS WINNIE MUSHIPE
Ruled By: MUSAKWA J

Counsel for the second respondent also attacked the relief being sought by way of interdict.He submitted that the land is Gazetted land. By virtue of that fact, it is inappropriate to seek an interdict as the applicants no longer have any rights to the land following its acquisition by the State.In respect of the order for ...
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HB11-10 : GORDON SPENCER and GARY BROWN vs THE MINISTER OF LANDS, LAND RESETTLEMENT AND RESETTLEMENT and THE CHIEF LANDS OFFICER, BULILIMA and MS R. BHEBHE
Ruled By: KAMOCHA J

It is true that although the applicants are now illegally occupying, holding or using gazetted land they can only be removed therefrom through an eviction order issued by the convicting court, they may not seek an interdict from a court of law to sanction the perpetuation of an illegality. The ownership of the farm ...
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HB137-11 : VICTOR MUZENDA vs SHELTER MPOFU and ALBERT NKOMO and TOM MBEDZI and CASPER NCUBE
Ruled By: NDOU J

The applicant seeks a provisional order in the following terms:“Terms of Final Order soughtThat you show cause to this honourable court why a final order should not be granted in the following terms:1. All the respondents be and I [sic] hereby interdicted from in any manner dealing with the matter of ZEXCOM Foundation Investments Funs Limited ...
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HB73-10 : THABANI MOYO and ALEXANDER MUNYAKA vs HASSBRO PROPERTIES (PVT) LTD and MESSENGER OF COURT
Ruled By: MATHONSI J

The first respondent instituted proceedings against the two applicants in the Magistrates Court seeking, inter alia, an order for their eviction from office premises at Main Court, Bulawayo. The applicants entered appearance to defend whereupon the first respondent made an application for summary judgment. The Magistrates Court granted summary judgment on the 4th of March 2010 paving the way ...
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HB83-11 : TAURAI NYATSAMBO vs MTUNGWAZI FAMILY PROPERTIES and DEPUTY SHERIFF
Ruled By: NDOU J

The pith and marrow of this application is that the default judgment under HC1210/10 was not properly obtained. At the time of the hearing, the applicant had already been evicted. In other words, the judgment sought to be arrested by the interdict had been fully executed. To cater for this problem, part of the interim ...
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HB84-11 : HENRY SHONAI TODZANISO vs HELEN LADAS and KNIGHT FRANK and DEPUTY SHERIFF
Ruled By: NDOU J

At the time this application was launched, the applicant had been evicted from the premises although some of his property remained in the premises….,. More importantly though is the fact that when I heard the application the applicant had been fully evicted from the premises. All that he seeks, in effect, is his reinstatement into ...
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SC28-16 : ZIMBABWE REVENUE AUTHORITY vs PACKERS INTERNATIONAL (PRIVATE) LIMITED
Ruled By: ZIYAMBI JA, GOWORA JA and HLATSHWAYO JA

In addition, the appeal was launched after the garnishee was imposed, and, even assuming that the garnishee was illegal, the interdict could not serve to protect conduct that had already been effected and was thus in the past.
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HH16-09 : RICHARD ETHEREDGE vs THE MINISTER OF STATE FOR NATIONAL SECURITY RESPONSIBLE FOR LANDS, LAND REFORM AND RESETTLEMENT and SENATOR EDNA MADZONGWE
Ruled By: GOWORA J

However, as part of the interim relief sought, the applicant also sought an interdict in the following terms:“(b) That the respondent and all other persons claiming occupation and possession of Stockdale through them are interdicted from in any way interfering with the possession, control and use of Stockdale or of any property owned by or possessed ...
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SC43-14 : STREAMSLEIGH INVESTMENTS (PRIVATE) LIMITED vs AUTOBAND INVESTMENTS (PRIVATE) LIMITED
Ruled By: MALABA DCJ, GARWE JA and GOWORA JA

We were informed, from the bar, that the respondent proceeded to have the appellant ejected from the premises. Counsel for the appellant suggested that this court can issue an order for the reinstatement of the appellant to the premises instead of the interdict. Whilst this Court can issue the declaratur that the High Court ought ...