ZAKEYO MEREKI v BELL INN (PRIVATE) LIMITED and MICHAEL PETER BELINSKY and OFFICER COMMANDING MASHONALAND WEST

HH 11-2006

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Case Details

Court

Harare High Court

Date

24 January 2006

Citation

HH 11-2006

Neutral Citation

[2006] ZWHH 11

Outcome

unknown

Case Type

Urgent Application

Bench

Presiding

KAMOCHA J

Full Bench

KAMOCHA J

Areas of Law

Property LawCivil Procedure

Keywords

spoliation orderinterdictappealland occupationHigh Court Act

Key Issues

{"issue_text":"Whether the noting of an appeal suspended the provisional order granted to the applicant","issue_type":"procedural","dispositive":"yes","related_facts":"Bell Inn filed a notice of appeal on 9 December 2005 against the judgment of 7 December 2005"}
{"issue_text":"Whether the application was defective for failure to include a draft order","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant did not file a draft order initially and filed a different one after the hearing"}
{"issue_text":"Whether an interlocutory order granting an interdict is appealable without leave","issue_type":"law","dispositive":"no","related_facts":"The appeal was filed against an order granting an interdict"}

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Facts of the Case

Background

The applicant sought confirmation of a provisional order that had been suspended by the valid noting of an appeal. The application was also defective as it failed to include a draft order as required by court rules.

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