Tryness Kabiti v Director General Central Intelligence Organisation, NO and The Sheriff for Zimbabwe, NO

HH 213 - 25

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Case Details

Court

Harare High Court

Date

26 March 2025

Citation

HH 213 - 25

Neutral Citation

[2025] ZWHH 213

Outcome

unknown

Case Type

Application

Bench

Presiding

Munangati-Manongwa J

Full Bench

Munangati-Manongwa J

Areas of Law

Civil ProcedureAdministrative LawConstitutional Law

Keywords

Contempt of CourtState PropertyExecutionConsolidated Revenue FundDefiance of Court Order

Key Issues

{"issue_text":"Whether the first respondent is in contempt of court for failing to comply with the order dated 27 November 2023.","issue_type":"fact","dispositive":"yes","related_facts":"Non-compliance with court order; existence of pending condonation application; allegations of bad faith"}
{"issue_text":"Whether the first respondent's property is executable given its status as state property.","issue_type":"law","dispositive":"no","related_facts":"The first respondent is a state body; property is not executable under the State Liabilities Act"}
{"issue_text":"Whether the applicant's preliminary points regarding bad faith and abuse of process should be upheld.","issue_type":"procedural","dispositive":"no","related_facts":"The applicant argued the opposition was in bad faith"}

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background

Facts of the Case

Background

The applicant obtained a court order requiring the first respondent to pay her US$132 152.42 in owed salaries. The first respondent failed to comply, citing a pending application for condonation to appeal the order. The applicant initiated contempt of court proceedings, arguing the non-compliance was deliberate and in bad faith.

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