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Harare High Court
Big Diagnostics (Private) Limited v Medical Investments Limited and Lechade Investments (Private) Limited
HH 587-25
Case Details
Court
Harare High Court
Date
24 September 2025
Citation
HH 587-25
Neutral Citation
[2025] ZWHH 587
Outcome
unknown
Case Type
Urgent Application
Bench
Presiding
Manyangadze J
Full Bench
Manyangadze J
Areas of Law
Company LawSpoliationCivil Procedure
Keywords
Spoliation orderShareholder agreementExecution pending appealArbitral awardRadiology business
Tags
Shareholder disputeSpoliationUrgent applicationExecution pending appeal
legislation
Statutes Cited
- (No statute is quoted or interpreted in the judgment; the entire decision rests on common-law equitable discretion.)
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the court should grant leave to execute the spoliation order pending appeal","issue_type":"procedural","dispositive":"yes","related_facts":"Spoliation order granted, appeals noted suspending order, potential irreparable harm"}
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background
Facts of the Case
Background
The applicant and first respondent are shareholders (55% and 45% respectively) in the second respondent which operates a radiology business at Avenues Clinic. After arbitration favored the first respondent, it took self-help measures (changed locks, deployed bouncers) to deny the applicant access to the business premises. The applicant obtained a spoliation order on 20 August 2025, but both respondents noted appeals, suspending the order. The applicant now seeks leave to execute the spoliation order pending those appeals.
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