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Harare High Court
Econet Wireless (Private) Limited v Reggie Francis Saruchera (In his capacity as Curator of Renaissance Merchant Bank Limited)
[2011] ZWHH 171
Case Details
Court
Harare High Court
Date
21 September 2011
Citation
[2011] ZWHH 171
Judgment No.
HH 171-2011
Outcome
unknown
Case Type
Urgent Application
Bench
Presiding
Mavangira J
Full Bench
Mavangira J
Areas of Law
Civil ProcedureBanking LawCompany Law
Keywords
Provisional orderAppealShare certificatesCuratorSuspension
Tags
BankingShare certificatesProvisional orderAppeal suspension
legislation
Statutes Cited
- High Court Act
- High Court Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the court has jurisdiction to grant a declaratur that an appeal does not suspend the operation of a provisional order","issue_type":"procedural","dispositive":"yes","related_facts":"Appeal noted without leave; provisional order contains interdict"}
- {"issue_text":"Whether the application is urgent","issue_type":"procedural","dispositive":"no","related_facts":"Nine working days delay in filing"}
- {"issue_text":"Whether the court is functus officio regarding relief already granted","issue_type":"procedural","dispositive":"no","related_facts":"Same relief sought as in HC 5213/11"}
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background
Facts of the Case
Background
Econet Wireless obtained a provisional order against Renaissance Financial Holdings and its curator Reggie Saruchera. When Saruchera noted an appeal to the Supreme Court, Econet filed an urgent application seeking a declarator that the appeal would not suspend the operation of the provisional order and for enforcement of share certificate deposit.
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