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Harare High Court
Dr Vivek Solanki and Autoband Investments (Private) Limited and Streamsleigh Investments v Peter John Annesley
HH 303-17
Case Details
Court
Harare High Court
Date
17 May 2017
Citation
HH 303-17
Neutral Citation
[2017] ZWHH 303
Outcome
unknown
Case Type
Urgent Application
Bench
Presiding
PHIRI J
Full Bench
PHIRI J
Areas of Law
Property LawInterdictsCivil Procedure
Keywords
urgencyinterdicttrauma centreevictionSupreme Court judgment
Tags
urgent applicationanti-dissipation interdictproperty disputemedical facility
legislation
Statutes Cited
- High Court Rules, 1971
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the application meets the requirements of urgency","issue_type":"procedural","dispositive":"yes","related_facts":"Delay of over two years in bringing application, no explanation for delay"}
- {"issue_text":"Whether the applicants have established a prima facie right warranting interim relief","issue_type":"mixed","dispositive":"yes","related_facts":"Supreme Court judgment restored possession to Streamsleigh, applicants seeking to reverse this"}
- {"issue_text":"Whether the application constitutes an abuse of court process","issue_type":"procedural","dispositive":"yes","related_facts":"Attempt to reverse Supreme Court judgment through urgent application"}
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background
Facts of the Case
Background
The applicants sought urgent interim and final orders interdicting the respondent from leasing or using Harare Trauma Centre premises at No. 15 Lanark Road, Belgravia. The application was brought in December 2016, long after the applicants had been evicted from the premises in June 2014 following a Supreme Court judgment.
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