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Bulawayo High Court
Avim Investments (Pvt) Ltd v Hwange Colliery Company Ltd & 5 Ors
HB 68/23
Case Details
Court
Bulawayo High Court
Date
4 May 2023
Citation
HB 68/23
Neutral Citation
[2023] ZWHB 68
Outcome
unknown
Case Type
Civil Judgment
Bench
Presiding
Moyo J
Full Bench
Moyo J
Areas of Law
Civil procedureContempt of courtReconstruction of state-indebted companiesMining law
Keywords
ContemptInterdictChaba PitCoal miningReconstruction ActLeave to sue
Tags
Contempt of courtMining injunctionReconstruction orderLeave to sue
legislation
Statutes Cited
- Reconstruction of State-indebted Insolvent Companies Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Is leave of the administrator required to institute contempt proceedings against a company under reconstruction?","issue_type":"procedural","dispositive":"yes","related_facts":"Hwange Colliery under reconstruction; contempt application filed without leave"}
- {"issue_text":"Can employees be held in contempt of an order that did not name them as parties?","issue_type":"procedural","dispositive":"yes","related_facts":"3rd-6th respondents were employees, not cited in HC 40/22"}
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background
Facts of the Case
Background
Applicant obtained an interdict against 1st and 2nd respondents halting coal-mining operations at Chaba Pit. Alleging continued breach, it moved for contempt against those two plus five individual employees. The employees objected they were never cited in the original order; the 1st respondent objected that applicant had not sought leave to sue a company under reconstruction.
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