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Harare High Court
Cubs Den Consolidated (Pvt) Ltd v Tawoneyi Nyazema & 3 Ors and The Sheriff, High Court Harare N.O. and Officer in Charge, ZRP Magunje N.O.
HH 566-25
Case Details
Court
Harare High Court
Date
25 September 2025
Citation
HH 566-25
Neutral Citation
[2025] ZWHH 566
Outcome
unknown
Case Type
Urgent Application
Bench
Presiding
Mambara J
Full Bench
Mambara J
Areas of Law
Civil ProcedureContempt of CourtService of Process
Keywords
contempt of courtpersonal serviceRule 15(12)provisional orderwilful disobedience
Tags
contempt of courturgent chamber applicationprovisional orderservice of process
legislation
Statutes Cited
- High Court Rules, 2021
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether contempt application must be personally served on respondents under Rule 15(12)","issue_type":"procedural","dispositive":"yes","related_facts":"No personal service effected; applicants concede lack of service"}
- {"issue_text":"Whether a cause of action for contempt had crystallized where no enforcement was attempted by Deputy Sheriff","issue_type":"procedural","dispositive":"yes","related_facts":"No evidence of breach; no return of service from Sheriff"}
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background
Facts of the Case
Background
The applicant sought committal of first to third respondents for contempt of a provisional court order granted on 22 August 2025. The order directed respondents to vacate leased premises and authorised the Deputy Sheriff to evict them if they failed to comply. Respondents opposed on two preliminary points: defective service and absence of a cause of action for contempt.
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