Winsley Militala (in his capacity as Provisional Judicial Manager of Pavelong (Pvt) Ltd) and Pavelong (Pvt) Ltd v Drum City (Pvt) Ltd

HH 200-18

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Case Details

Court

Harare High Court

Date

28 March 2018

Citation

HH 200-18

Neutral Citation

[2018] ZWHH 200

Outcome

unknown

Case Type

Application

Bench

Presiding

ZHOU J

Full Bench

ZHOU J

Areas of Law

Civil ProcedureContract Law

Keywords

Consent OrderVariationAmbiguityExecutionSettlement

Key Issues

{"issue_text":"Whether the consent order dated 2 June 2015 is ambiguous and unenforceable, justifying its correction under Order 49 r 449(1) of the High Court Rules, 1971.","issue_type":"procedural","dispositive":"yes","related_facts":"The order prevents execution until HC 9816/13 is finalized; the respondent controls that case and has stalled it."}

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background

Facts of the Case

Background

The applicant sought to vary a consent order dated 2 June 2015, which prevented execution until another case (HC 9816/13) was finalized. The applicant argued the order was ambiguous and unenforceable because the condition for execution depended entirely on the respondent's actions in the other case, which the respondent was not prosecuting.

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