The plaintiffs are trustees of the Leonard Cheshire Homes Trust, a trust established in terms of the trust laws of Zimbabwe. The Trust was established in 1981. The trustees, were appointed at different stages, as will be clarified in the judgment. The main objective of the trust as provided in clause 3 (i) (a) of the Deed of Trust is,
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This matter commenced as an action against seven (7) defendants by the two plaintiffs seeking:-
1. a permanent interdict barring the defendants from reproducing, selling or offering for sale exporting or otherwise dealing in their plaintiffs’ works.
2. an order that defendants account for all the profits from infringing plaintiffs’ works.
3. damages calculated at 50% of the profits made by the defendants from infringing plaintiffs’ works for the period 12/02/2009 to date of summons.
4. attachment and delivery up of all infringing copies or articles presently in defendants’ possession and five costs of suit at the attorney and own...
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DUBE-BANDA J:
[1] This is a summary judgment application. At the moment this matter was called out, Mr Gumiro counsel for the respondents stood up intending to raise some preliminary issues for consideration by the court. Ms. Mahere counsel for the applicant objected indicating that counsel for the respondents had no right to begin. However, I allowed Mr Gumiro to place on record the preliminary issues he sought the court to consider.
[2] Mr Gumiro raised two preliminary issues; the first was that the seventh respondent is now deceased and no executor has been appointed to be substituted for him...
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