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Harare High Court

CORE-WELLNESS CENTRE and ITAI NGWERUME versus HEATHER LYNN FLIGHT and CHERI KAYLA LONG and BRIAN NUGENT

HH 306-17

Case Details

Court
Harare High Court
Date
27 April 2017
Citation
HH 306-17
Neutral Citation
[2017] ZWHH 306
Outcome
unknown
Case Type
Urgent Application

Bench

Presiding
TAGU J
Full Bench
TAGU J
Areas of Law
Commercial LawAdministrative LawLicensing
Keywords
InterdictOperating LicenceStatus Quo AnteBusiness OperationsHealth Facility Licence
legislation
Statutes Cited
  • City of Harare Health Licensing Regulations
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether first applicant was properly before court as distinct from Core Wellness Centre (Private) Limited","issue_type":"procedural","dispositive":"no","related_facts":"Certificate of incorporation and CR14 form for Core Wellness Centre (Private) Limited"}
  • {"issue_text":"Whether second applicant required authorization from respondents to institute proceedings","issue_type":"procedural","dispositive":"no","related_facts":"Second applicant as sole licence holder"}
  • {"issue_text":"Whether premises were closed or operational","issue_type":"fact","dispositive":"no","related_facts":"Eviction notice and changes made to premises"}
  • {"issue_text":"Whether matter was urgent","issue_type":"procedural","dispositive":"no","related_facts":"Changes made on 24 April 2017 and eviction notice"}
  • {"issue_text":"Whether interdict requirements were met","issue_type":"law","dispositive":"yes","related_facts":"Prima facie right, irreparable harm, lack of alternative remedy, balance of convenience"}
  • {"issue_text":"Whether material facts were non-disclosed","issue_type":"procedural","dispositive":"no","related_facts":"Eviction notice mentioned in founding affidavit"}
This summary was generated by AI. Use Zalari to read the full judgment.
background
Facts of the Case

Background

Second applicant Itai Ngwerume holds sole registered licence to operate Core-Wellness Centre as health facility. First and second respondents were consultants co-opted into business but gave eviction notice and changed premises setup without authorization, violating licence conditions. Third respondent owns premises. Applicants seek interdict to restore status quo ante.
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