In this urgent chamber application the applicant, established in January 2006 to represent and coordinate companies in the cotton industry in Zimbabwe, seeks a provisional order against the first respondent in the following terms:
“TERMS OF THE FINAL ORDER SOUGHT
1. The first respondent is hereby interdicted from purchasing any contracted seed cotton from growers contracted to the applicant’s members.
2. The first respondent is interdicted from purchasing or taking delivery of any seed cotton packed in cotton packs bearing the logo or name or acronym of the applicant’s members.
3. The first respondent is ordered to render an account... More
This application as I will demonstrate below has a checked history and was punctuated by episodes of drama. On the 17th May 2017 in Case Number HC 3855/17 this court granted an interim interdict in favour of the applicant Country Club Twenty-Ten (Private ) Limited. Dissatisfied by the Interim Order the respondents filed a Notice of Appeal in the Supreme Court on the 29th May 2017 in Case Number SC 325/17. The appeal is still pending. More
On 28 September 2010 the applicant and the first respondent entered into a Management Agreement. In terms of the Agreement the first respondent appointed the applicant as the executive management of the Club for fifty years enduring until the 30th of September 2060. More
On 1 September 2004, one C A. Banda, acting as an arbitrator between the above parties, made available his award in which he upheld the agreement of sale and construction between the parties. In his award, he ordered the applicants to transfer certain piece of land to the respondent and to complete the construction of developments on the piece of land as per the agreement. More
After his trial on 9 June 2014 and at Mbare Magistrates Court, the appellant was convicted of theft in contravention of s 113 (2) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] and sentenced to 30 months imprisonment of which 12 months imprisonment were suspended for 5 years on condition of future good conduct with the remaining 18 months being suspended on condition of restitution. More
