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Harare High Court
Edward Mark Warhurst N.O v Jacobus Kotze Carstens and The Sheriff of the High Court of Zimbabwe and The Zimbabwe Republic Police
HH 504-21
Case Details
Court
Harare High Court
Date
22 September 2021
Citation
HH 504-21
Neutral Citation
[2021] ZWHH 504
Outcome
unknown
Case Type
Urgent Application
Bench
Presiding
CHIRAWU-MUGOMBA J
Full Bench
CHIRAWU-MUGOMBA J
Areas of Law
Civil ProcedureCompany LawMining Law
Keywords
leave to executepending appealinterim orderjudicial managerRolldice Mining Services
Tags
urgent applicationexecution pending appealjudicial managementmining company
legislation
Statutes Cited
- Constitution of Zimbabwe
- Constitution of Zimbabwe
- Gold Trade Act
- High Court Rules, 1971 (repealed)
- High Court Rules, 2021
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether leave should be granted to execute interim order pending appeal","issue_type":"procedural","dispositive":"yes","related_facts":"First respondent noted appeal against interim order; applicant seeks to execute order"}
- {"issue_text":"Whether appeal has reasonable prospects of success","issue_type":"mixed","dispositive":"yes","related_facts":"Seven grounds of appeal filed; concessions made by first respondent's counsel"}
- {"issue_text":"Whether balance of hardship favors applicant or respondent","issue_type":"mixed","dispositive":"yes","related_facts":"Risk of asset dissipation; first respondent's intention to bond company assets"}
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background
Facts of the Case
Background
The applicant, acting as judicial manager of Rolldice Mining Services (Pvt) Ltd, sought leave to execute an interim order directing the first respondent to surrender company books, gold and assets and to vacate company premises. The first respondent had noted an appeal to the Supreme Court against the interim order.
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