Law Portal
Zimbabwe

Welcome To Law Portal

Welcome, Guest!
[Help?]

Interim Interdict or Final Order re: Interim Relief Expressed in Similar Terms to the Final Order Sought

Appealed
HH150-12 : CLETUS CHUKWUKA ANUEYIANGU vs CHIEF IMMIGRATION OFFICER and THE CO-MINISTERS OF HOME AFFAIRS and THE ATTORNEY GENERAL OF ZIMBABWE
Ruled By: MAVANGIRA J

The final relief sought by the applicant is in exactly the same terms as for the interim relief.
More

HH37-08 : MOVEMENT FOR DEMOCRATIC CHANGE and MORGAN TSVANGIRAI vs CHAIRPERSON, ZIMBABWE ELECTORAL COMMISSION and CHIEF ELECTIONS OFFICER, ZIMBABWE ELECTORAL COMMISSION
Ruled By: UCHENA J

The first applicant, the Movement for Democratic Change, is a political party, commonly known as the (“MDC”). It will be referred to as the first applicant. The second applicant, Mr Morgan Tsvangirai, is its President. He was the first applicant's Presidential candidate in the just ended harmonized elections held on ...
More

HH26-11 : AMAPLAT MAURITIUS LIMITED and AMARI NICKEL HOLDINGS ZIMBABWE LIMITED and vs ZIMBABWE MINING DEVELOPMENT CORPORATION and OTHERS
Ruled By: BHUNU J

This is an urgent application for interim relief in the following terms:“The first respondent be and is hereby interdicted from alienating or otherwise disposing of or dealing with the rights of the third and fourth respondents arising out of the memoranda of understanding concluded between the applicants and the first respondent at Harare on 25 ...
More

HB63-13 : CHIEF GAMPU SITHOLE and GAMPU TOURS (PVT) LTD vs KENNEDY C. NDLOVU and THE DEPUTY SHERIFF OF BULAWAYO N.O.
Ruled By: MUTEMA J

Regarding the similarities between the interim and final orders sought in the provisional order it was submitted that the interim order does not seek to dispose of HC4182/12 without rescission of the judgment but seeks to stay execution. Regarding the issue concerning similarities in the interim and final orders sought in the draft provisional order, ...
More

View Appeal
SC28-16 : ZIMBABWE REVENUE AUTHORITY vs PACKERS INTERNATIONAL (PRIVATE) LIMITED
Ruled By: ZIYAMBI JA, GOWORA JA and HLATSHWAYO JA

The nature of the relief sought in the Provisional Order Finally, it falls upon this court to examine the nature of the relief sought by Packers as against the order actually issued by the court a quo. The relief sought, both in the main and in the interim, is substantially the same. This is a practice by ...
More

HB122-14 : GAMANGE (PVT) LTD vs SMELLY DUBE and LIMUKANI SIBANDA and MINISTER OF LANDS & RURAL RESETTLEMENT and OTHERS
Ruled By: TAKUVA J

The fourth and final point taken in limine was that the provisional order is invalid in that the interim relief is “substantially similar” to the final order sought. Particular reference was made to paragraph 4 which appears in both orders. In my view, the two orders are essentially different in that in the interim relief the protection ...
More

View Appeal
SC43-13 : ECONET WIRELESS (PVT) LTD vs TRUSTCO MOBILE (PROPRIETARY) LTD and TRUSTCO GROUP INTERNATIONAL (PROPRIETARY) LTD
Ruled By: MALABA DCJ, ZIYAMBI JA and GARWE JA

WHETHER THE INTERIM AND FINAL RELIEF SOUGHT ARE THE SAMEIt is important at this stage to highlight the fact that the appeal to this Court is against the provisional order sought and granted by the court a quo. The agreement between the parties has since run its course and therefore the order sought on ...
More

HH11-15 : RM MINING AND INDUSTRIAL ZIMBABWE (PRIVATE) LIMITED vs STANBIC BANK ZIMBABWE LIMITED
Ruled By: MAFUSIRE J

The draft provisional order sought the same relief in both the interim and final orders. In both instances, it was, in essence, a final order being sought.
More

HMA12-17 : BRIAN ANDREW CAWOOD vs ELASTO MADZINGIRA and THE MESSENGER OF COURT – MWENEZI N.O.
Ruled By: MAFUSIRE J

The first respondent's second point in limine, namely, that the interim relief was exactly the same as the final one, had merit. But I held over decision on it and opted to hear the merits. A draft order can always be amended on good cause shown and with an appropriate order of costs….,. The ...
More

HB87-16 : COLD STORAGE COMPANY LTD vs ADDITIONAL SHERIFF OF THE HIGH COURT – E.M. MAGARA N.O. and HOLLANDS REAL ESTATE and AHMED ESAT and TREVOR AND TALENT and REGISTRAR OF DEEDS
Ruled By: MAKONESE J

It is also critical to note that if the interim relief were to be granted, it would amount to final relief in that there is no attempt to include Stand 8195 Bulawayo Township, in the final order. To that extent, the applicant would have obtained final relief in respect of Stand 8195, ...
More

HH225-15 : RITA MARQUE MBATHA vs CONFEDERATION OF ZIMBABWE INDUSTRIES
Ruled By: CHATUKUTA J

I further endorsed that the relief that the applicant was seeking was incompetent in that the interim relief sought was the same as the final order.
More

HH79-15 : NELSON DZIRUTWE vs DAIRIBOARD ZIMBABWE LIMITED and ADDITIONAL SHERIFF, MUTARE
Ruled By: BHUNU J

Although the provisional order sought is similar to the final order it is plain that the two are not identical. Unlike the final order, the interim order seeks to restore possession in the event that it might have been temporarily lost before judgment in this matter. There is therefore no merit in the preliminary points raised by ...
More

HH339-14 : ROCK CHEMICAL FILLERS (PVT) LTD vs BRIDGE RESOURCES (PVT) LTD and TAPIWA GURUPIRA and MOST CHIKUMBA
Ruled By: MATHONSI J

On the complaint by counsel for the respondents that the interim relief that the applicant seeks is final in nature and therefore unacceptable, counsel for the applicant urged of me, if so disposed, to amend the relief to bring it in line given that what the applicant submitted was a mere draft.
More

HMA13-18 : JONATHAN CHIKUKWA vs BEAUTY and GAME DOLLAR
Ruled By: MAWADZE J

The nature of the relief sought is couched as follows; “TERMS OF INTERIM ORDER 1. That the respondents be and are hereby ordered to publicly apologise to the applicant. 2. The respondents be and are hereby ordered to place the public apology in the local and national paper for 4 consecutive weeks from date of this order at respondents' expense. 3. Respondents ...
More

View Appeal
HB102-17 : TURFWALL MINING (PVT) LTD t/a BEENSET INVESTMENTS vs SIPHIWE DUBE and OTHERS
Ruled By: TAKUVA J

This is an urgent application in which the applicant sought the following order: “Terms of the final order sought That you show cause to this honourable court, if any, why a final order should not be made in the following terms: 1. The 1st respondent and anyone in her employ be and are hereby interdicted from carrying on any form of ...
More

HMA36-18 : AMALGAMATED RURAL TEACHERS UNION OF ZIMBABWE vs OBERT MASARAURE and ZIMBABWE AFRICAN NATIONAL UNION [PATRIOTIC FRONT] and MINISTER OF PRIMARY AND SECONDARY EDUCATION
Ruled By: MAFUSIRE J

The matter before me was an urgent chamber application by the applicants for an interdict against the respondents….,. The interdict was sought to restrain the respondents from certain activities that the applicants considered harmful to themselves and the school children under their care. These activities included: (i) Coercing school children to attend and participate in political rallies or other ...
More

HH228-15 : HERBERT MUDZVOVA vs ROBERT MUDZVOVA and THE REGISTRAR OF DEEDS
Ruled By: MATHONSI J

In HC1541/15, the applicant and his youngest brother, Happyson Mudzvova, have sued the two respondents seeking an order confirming the existence of a verbal sale agreement allegedly concluded in 2004 in terms of which Happyson Mudzvova purchased from their brother, Robert Mudzvova, the first respondent herein, Stand 2323 Chadcombe Township ...
More

SC86-20 : CONSTANTINE CHIWENGA vs MARRY MUBAIWA
Ruled By: GWAUNZA DCJ, GARWE JA and BHUNU JA

This is an appeal against the whole judgment of the High Court handed down on 24 January 2020. The appeal seeks to impugn the court a quo's order awarding custody of the parties' three minor children to the respondent upon the separation of the parties.The appellant also challenges the jurisdiction ...
More

HH520-18 : AIR NAMIBIA (PROPRIETARY) LTD vs CHENJERAI MAWUMBA and JULIANA MAGOMBEDZE and FADZAI MAWUMBA and RUTENDO MUWUMBA and TADIWANASHE MAWUMBA (minors represented by father & natural guardian)
Ruled By: CHITAPI J

In this urgent application for a provisional order, the applicant prays for relief as set out as follows;“FINAL ORDER SOUGHT1. That the stay of execution is hereby granted.2. Respondents shall pay costs of suit on an attorney-client scale.INTERIM RELIEF GRANTED1. The respondents are interdicted to conduct the attachment of the ...
More

HH35-08 : BRETT LEONADES PISSAS vs HELEN LOUISE PISSAS
Ruled By: GOWORA J

The parties herein were formerly husband and wife. Two minor children were born from the union, namely, Anthony Christie Pissas (born 8th March 1994) and Dean Alexander Pissas (born 13th October 1995).On 2 November 2006, this Honourable Court granted a decree of divorce in favour of the respondent herein. The ...
More

SC25-22 : ELLIOT RODGERS vs PUWAYI CHIUTSI and TENDAYI MASHAMHANDA and REGISTRAR OF DEEDS and SHERIFF OF ZIMBABWE and BARIADE INVESTMENTS PL and LAW SOCIETY OF ZIMBABWE
Ruled By: GWAUNZA DCJ, GUVAVA JA and BHUNU JA

This is an appeal against the whole judgment of the High Court handed down on 14 March 2019, in which the court a quo dismissed the appellant's application for interim relief. The appeal was heard together with that in SC09/20 which involved the same parties, centered around the same dispute ...
More

SC101-21 : EQUITY PROPERTIES (PVT) LTD vs ALSHAMS GLOBAL BVI LIMITED and REGISTRAR OF DEEDS
Ruled By: BHUNU JA, UCHENA JA and KUDYA AJA

This is an appeal against part of the judgment of the High Court of Zimbabwe sitting at Harare on 20 November 2019 granting an interim interdict in favour of the first respondent.THE FACTSThe appellant and the first respondent have been engaged in a flurry of litigation, and, at other times, ...
More

HB46-15 : ZENZO NTULIKI vs TIMOTHY SEAN WHITE and OFFICER COMMANDING MATEBELELAND SOUTH PROVINCE and THE SHERIFF OF ZIMBABWE N.O.
Ruled By: MOYO J

This is an application wherein the applicant seeks a provisional order whose interim relief is couched as follows:“(1) That the applicant shall be allowed unhindered access to the farm known as Lot 2 of Lot 36 Essexvale also known as Avalon Farm, Esigodini and to carry out thereupon all normal ...
More

HMA55-19 : GREAT ZIMBABWE UNIVERSITY vs NESBERT MAREVERWA
Ruled By: WAMAMBO J

The applicant seeks a rei vindicatio order. It seeks to recover its property retained by the respondent.The applicant is a body corporate duly constituted in terms of the Great Zimbabwe University Act [Chapter 25:24].The respondent was an employee of the applicant holding the position of Chief Security Officer.The respondent holds ...
More

Back Main menu

Categories