Mike Kapesa and Shadreck Honde and Jeremiah Mabhosvo and Cloud Mutanho v Odious Makoma and Fungayi Nyadowa and Ephraim Nyadowa and Allain Grand

HH 422-12

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Case Details

Court

Harare High Court

Date

26 July 2012

Citation

HH 422-12

Neutral Citation

[2012] ZWHH 422

Outcome

unknown

Case Type

Application

Bench

Presiding

Mutema J

Full Bench

Mutema J

Areas of Law

Civil ProcedureIntellectual Property LawCopyright Law

Keywords

Rule 449RescissionAnton Piller orderCopyrightInterdict

Key Issues

{"issue_text":"Whether Rule 449(1)(a) and (b) applies to rescind the Anton Piller order granted in HC 2795/11","issue_type":"procedural","dispositive":"yes","related_facts":"Applicants were not cited in HC 2795/11 but were affected as agents of fourth respondent"}
{"issue_text":"Whether there was fraudulent non-disclosure of material facts by first to third respondents","issue_type":"mixed","dispositive":"no","related_facts":"Applicants' involvement in production since 2002"}

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Facts of the Case

Background

The applicants, who were agents/employees of the fourth respondent, sought rescission of an Anton Piller order granted against the fourth respondent in HC 2795/11, which interdicted the fourth respondent from dealing with certain artifacts alleged to infringe the first to third respondents' copyright. The applicants claimed they were not cited as parties despite being affected by the order and that there was fraudulent non-disclosure of material facts.

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