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Harare High Court
Country Club Twenty-Ten (Private) Limited v The Country Club and Margoe Keenie
HH 462-17
Case Details
Court
Harare High Court
Date
4 July 2017
Citation
HH 462-17
Neutral Citation
[2017] ZWHH 462
Outcome
unknown
Case Type
Urgent Application
Bench
Presiding
TAGU J
Full Bench
TAGU J
Areas of Law
Civil ProcedureCommercial Law
Keywords
InterdictExecution pending appealNotice of appealLeave to appeal
Tags
InterdictExecution pending appealCommercial dispute
legislation
Statutes Cited
- High Court Act
- Constitution of Zimbabwe
- Constitution of Zimbabwe
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether respondents' notice of appeal was valid without first obtaining leave to appeal","issue_type":"procedural","dispositive":"no","related_facts":"Interim order granted, notice of appeal filed without leave"}
- {"issue_text":"Whether court should recuse itself from hearing application for leave to execute","issue_type":"procedural","dispositive":"no","related_facts":"Same judge who granted interim order"}
- {"issue_text":"Whether matter should be referred to Constitutional Court","issue_type":"constitutional","dispositive":"no","related_facts":"Allegation of institutional bias"}
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background
Facts of the Case
Background
The applicant obtained an interim interdict against respondents on 17 May 2017. Respondents filed a notice of appeal to Supreme Court on 29 May 2017 without first obtaining leave to appeal. Applicant then filed urgent chamber application for leave to execute the interdict pending appeal.
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