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Harare High Court
Edward Mark Warhurst N.O v Jacobus Kotze Carstens and The Sheriff of the High Court of Zimbabwe and The Zimbabwe Republic Police
HH 424-21
Case Details
Court
Harare High Court
Date
18 August 2021
Citation
HH 424-21
Neutral Citation
[2021] ZWHH 424
Outcome
unknown
Case Type
Urgent Application
Bench
Presiding
CHIRAWU-MUGOMBA J
Full Bench
CHIRAWU-MUGOMBA J
Areas of Law
Company LawMining LawInterdict
Keywords
judicial managermining operationscompany assetsdismissallabour order
Tags
MiningJudicial ManagementCompany Assets
legislation
Statutes Cited
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ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the applicant has established a prima facie case for granting of provisional order","issue_type":"procedural","dispositive":"yes","related_facts":"Labour order exists against 1st respondent; 1st respondent dismissed; Assets not surrendered"}
- {"issue_text":"Whether the non-joinder of the Master of the High Court is material","issue_type":"procedural","dispositive":"no","related_facts":"Applicant required to report to Master"}
- {"issue_text":"Whether withdrawal of HC 3084/21 was proper","issue_type":"procedural","dispositive":"no","related_facts":"Notice of withdrawal with costs tendered"}
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background
Facts of the Case
Background
The applicant, acting as judicial manager of Rolldice Mining Services (Pvt) Ltd, sought a provisional order against the first respondent who had been dismissed as mine manager for misconduct. The first respondent refused to surrender company books, gold and assets after his dismissal by labour disciplinary process.
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