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Harare High Court

Lola Verlaque and Edward Verlaque v Chester Mhende and O.I.C Norton Police Station

HH 595-23

Case Details

Court
Harare High Court
Date
1 November 2023
Citation
HH 595-23
Neutral Citation
[2023] ZWHH 595
Outcome
unknown
Case Type
Urgent Application

Bench

Presiding
Takuva J
Full Bench
Takuva J
Areas of Law
Property LawContract LawArbitration Law
Keywords
InterdictJoint Venture AgreementArbitral AwardStatus QuoPrima Facie Right
Tags
InterdictJoint VentureArbitral AwardContempt of Court
legislation
Statutes Cited
  • Model Law on International Commercial Arbitration (UNCITRAL)
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether applicants have established a prima facie right warranting interim interdict protection","issue_type":"law","dispositive":"yes","related_facts":"Existence of court orders, cancellation by arbitral award, challenge to award"}
  • {"issue_text":"Whether the matter is sufficiently urgent for urgent chamber application","issue_type":"procedural","dispositive":"no","related_facts":"Timing of events from August to September 2023"}
  • {"issue_text":"Whether there is well-grounded apprehension of irreparable harm","issue_type":"mixed","dispositive":"no","related_facts":"Livestock at risk, clearing of grazing land"}
  • {"issue_text":"Whether balance of convenience favours granting interdict","issue_type":"mixed","dispositive":"no","related_facts":"Prejudice to both parties, maintenance of status quo"}
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background
Facts of the Case

Background

The applicants and first respondent entered into a joint venture agreement for farming activities at Kwayedza Farm. Disputes arose, leading to court orders protecting applicants' access to the joint venture portion. First respondent obtained an arbitral award cancelling the agreement and sought its registration while applicants applied to set it aside. First respondent allegedly violated existing court orders by clearing grazing land, prompting this urgent application for an interdict.
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