Yemane Berhe Weldeslassie v Mordoric Marketing (Pvt) Ltd and Mollie Muchabaiwa and Shamster Investments (Pvt) Ltd

HH 25-13

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Case Details

Court

Harare High Court

Date

24 January 2013

Citation

HH 25-13

Neutral Citation

[2013] ZWHH 25

Outcome

unknown

Case Type

Urgent Application

Bench

Presiding

MATHONSI J

Full Bench

MATHONSI J

Areas of Law

Property LawCommercial Law

Keywords

interim reliefjoint venturestock removalwarehouse goods

Key Issues

{"issue_text":"Whether the applicant is entitled to interim relief preventing removal of goods pending determination of ownership dispute","issue_type":"mixed","dispositive":"yes","related_facts":"Existence of agreement, removal of goods, pending litigation"}
{"issue_text":"Whether the applicant's interim relief sought was irregular as it mirrored the final relief","issue_type":"procedural","dispositive":"no","related_facts":"Applicant sought identical interim and final relief"}
{"issue_text":"Whether a postponement should be granted to allow respondents to file opposing papers","issue_type":"procedural","dispositive":"no","related_facts":"Respondents had not filed opposing papers, short notice of hearing"}

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background

Facts of the Case

Background

The applicant and second respondent entered into a joint venture agreement where the applicant would inject money and stock, and the second respondent would market goods for a commission. A subsequent written agreement dated 2 March 2012 provided for the goods to be moved to a warehouse under the control of one Tigist until 30 April 2012, which was extended to 31 July 2012. After the agreement expired, a dispute arose over ownership of the goods, leading the applicant to institute summons action (HC 14184/12) on 11 December 2012. The respondents continued to remove goods from the warehouse despite the pending litigation, including 70 boxes of floor tiles on 11 January 2013 and 250 boxes on 23 January 2013.

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