Zimbabwe Consolidated Diamond Company (Private) Limited v Grandwell Holdings (Private) Limited & 2 Ors

SC 144/20

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Case Details

Court

Supreme Court

Date

27 October 2020

Citation

SC 144/20

Neutral Citation

[2020] ZWSC 144

Outcome

unknown

Case Type

Appeal

Bench

Presiding

GUVAVA JA

Full Bench

GOWORA JAGUVAVA JAMAVANGIRA JA

Areas of Law

Civil ProcedureMining LawCorporate Law

Keywords

Interim InterdictRule 241Rule 4CMero MotuCondonationSpoliationChiadzwa

Key Issues

{"issue_text":"Whether the court a quo erred in condoning mero motu the first respondent's breach of rule 241(1) of the High Court Rules.","issue_type":"procedural","dispositive":"yes","related_facts":"The first respondent's failure to use Form 29B and the High Court's condonation of this defect."}

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Facts of the Case

Background

The first respondent, a 50% shareholder in the third respondent, sought an interim interdict against the appellant and second respondent to prevent them from entering the third respondent's diamond mining site and removing stockpiles of diamond ore. The first respondent's application was defective as it failed to use the mandatory Form 29B as required by Rule 241(1) of the High Court Rules. The High Court condoned this defect mero motu and granted the interdict. The Supreme Court overturned this decision, holding that a court cannot condone such a defect without a formal application for condonation.

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