The applicant filed an urgent chamber application seeking a provisional order which in effect sought execution of a specific clause from an earlier provisional order granted to it. This was in light of an appeal of that order by the first respondent to the Supreme Court despite not having opposed the provisional order when it was sought. More
On 24 June 2021, I reserved judgment in this matter to consider the issue of prescription that had been raised by the respondent. This was after the court had dismissed the applicant’s point in limine that the opposing affidavit to the respondent’s notice of opposition had not been properly commissioned. It is trite that a court before proceeding into the merits must deal with a point in limine. See Gwaradzimba N.O v CJ Petron & Co (pty) Ltd, 2016(1) ZLR 28 (S). More
This matter was heard in chambers as an urgent application on the afternoon of the 27th of January 2005. The applicant sought a provisional order interdicting the first respondent from issuing any further shares, whether as a rights issue or otherwise, until the occurrence of certain events. The applicant also sought authority to appoint one or more representatives to participate and vote at any extraordinary general meeting (“EGM”) of the first respondent without interference from the second respondent. Pending finalisation of the matter, the applicant sought interim relief postponing the first respondent’s EGM which was scheduled for 9.00 a.m. on... More
This is an application for leave to execute the judgment granted in case No. HH 103/09 pending an appeal noted by the 2nd respondent against the judgment. More
