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Harare High Court
John Strong (Pvt) Ltd and Tobs Strong (Pvt) Ltd v William Wachenuka
HH 44/10
Case Details
Court
Harare High Court
Date
3 March 2010
Citation
HH 44/10
Neutral Citation
[2010] ZWHH 44
Outcome
unknown
Case Type
Application
Bench
Presiding
Chatukuta J
Full Bench
Chatukuta J
Areas of Law
Civil ProcedureProperty Law
Keywords
contempt of courtcourt order compliancefarm infrastructureoffer letter
Tags
contempt of courtfarm acquisitioncourt order enforcement
legislation
Statutes Cited
- Immigration Act 1971
- Immigration and Asylum Act 1999
- Nationality, Immigration and Asylum Act 2002
- Human Rights Act 1998
- European Convention on Human Rights
- Refugee Convention 1951
- Immigration (Leave to Enter and Remain) Order 2000
- Immigration (European Economic Area) Regulations 2000
- Immigration (Leave to Enter and Remain) (Amendment) Order 2002
- Immigration (Leave to Enter and Remain) (Transitional Provisions) Order 2000
- Immigration (Leave to Enter and Remain) (Transitional Provisions) (Amendment) Order 2002
- Immigration (Leave to Enter and Remain) (Transitional Provisions) (Amendment) (No. 2) Order 2002
- Immigration (Leave to Enter and Remain) (Transitional Provisions) (Amendment) (No. 3) Order 2002
- Immigration (Leave to Enter and Remain) (Transitional Provisions) (Amendment) (No. 4) Order 2002
- Immigration (Leave to Enter and Remain) (Transitional Provisions) (Amendment) (No. 5) Order 2002
- Immigration (Leave to Enter and Remain) (Transitional Provisions) (Amendment) (No. 6) Order 2002
- Immigration (Leave to Enter and Remain) (Transitional Provisions) (Amendment) (No. 7) Order 2002
- Immigration (Leave to Enter and Remain) (Transitional Provisions) (Amendment) (No. 8) Order 2002
- Immigration (Leave to Enter and Remain) (Transitional Provisions) (Amendment) (No. 9) Order 2002
- Immigration (Leave to Enter and Remain) (Transitional Provisions) (Amendment) (No. 10) Order 2002
- Immigration (Leave to Enter and Remain) (Transitional Provisions) (Amendment) (No. 11) Order 2002
- Immigration (Leave to Enter and Remain) (Transitional Provisions) (Amendment) (No. 12) Order 2002
- Immigration (Leave to Enter and Remain) (Transitional Provisions) (Amendment) (No. 13) Order 2002
- Immigration (Leave to Enter and Remain) (Transitional Provisions) (Amendment) (No. 14) Order 2002
- Immigration (Leave to Enter and Remain) (Transitional Provisions) (Amendment) (No. 15) Order 2002
- Immigration (Leave to Enter and Remain) (Transitional Provisions) (Amendment) (No. 16) Order 2002
- Immigration (Leave to Enter and Remain) (Transitional Provisions) (Amendment) (No. 17) Order 2002
- Immigration (Leave to Enter and Remain) (Transitional Provisions) (Amendment) (No. 18) Order 2002
- Immigration (Leave to Enter and Remain) (Transitional Provisions) (Amendment) (No. 19) Order 2002
- Immigration (Leave to Enter and Remain) (Transitional Provisions) (Amendment) (No. 20) Order 2002
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the minister responsible for lands should be joined to contempt proceedings","issue_type":"procedural","dispositive":"no","related_facts":"Respondent has offer letter from minister; order directs respondent's conduct"}
- {"issue_text":"Whether Robert Strong had authority to institute contempt proceedings on behalf of corporate applicants","issue_type":"procedural","dispositive":"no","related_facts":"Robert Strong deposed to all previous affidavits including those resulting in consent orders"}
- {"issue_text":"Whether applicants have locus standi to enforce court order while in alleged unlawful occupation","issue_type":"procedural","dispositive":"no","related_facts":"Farm acquired by state; applicants continued using infrastructure"}
- {"issue_text":"Whether respondent is in contempt of court for disobeying PATEL J's order","issue_type":"mixed","dispositive":"yes","related_facts":"Allegations of forced eviction and locking gates; denial of Deputy Sheriff access"}
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background
Facts of the Case
Background
The applicants, former owners of Disi Farm, obtained several court orders against the respondent who had been issued an offer letter for subdivision 7 of the farm. Despite consenting to previous orders, the respondent repeatedly denied applicants access to farm infrastructure including barns, sheds and irrigation equipment, leading to this contempt application.
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