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Harare High Court
Country Club Twenty-Ten (Private) Limited v The Country Club and Margot Kenee
HH 296-17
Case Details
Court
Harare High Court
Date
17 May 2017
Citation
HH 296-17
Neutral Citation
[2017] ZWHH 296
Outcome
unknown
Case Type
Urgent Application
Bench
Presiding
TAGU J
Full Bench
TAGU J
Areas of Law
Contract LawCommercial LawInterdict Relief
Keywords
Management AgreementInterdictUrgent ApplicationContract TerminationSubscription Fees
Tags
InterdictManagement AgreementContractual Rights
legislation
Statutes Cited
- No specific statutes were cited or interpreted in this judgment. The court relied entirely on common law principles and procedural rules.
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the application was properly brought in Form 29B","issue_type":"procedural","dispositive":"no","related_facts":"Applicant used modified Form 29B"}
- {"issue_text":"Whether the matter was urgent","issue_type":"procedural","dispositive":"no","related_facts":"Discovery of subscription collection on 24 April 2017, application filed 3 May 2017"}
- {"issue_text":"Whether second respondent was properly joined","issue_type":"procedural","dispositive":"no","related_facts":"Second respondent manages CABS account"}
- {"issue_text":"Whether applicant established requirements for interim interdict","issue_type":"mixed","dispositive":"yes","related_facts":"Prima facie right, irreparable harm, no alternative remedy, balance of convenience"}
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background
Facts of the Case
Background
The applicant and first respondent entered into a 50-year Management Agreement in 2010. In 2016, the first respondent purported to terminate the agreement alleging breach. The applicant denied breach and refused to vacate. While litigation was pending (HC 4362/16), the first respondent opened a new CABS account and began collecting membership subscriptions through the second respondent, interfering with the applicant's business operations.
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