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Bulawayo High Court
LISTER MAGOCHE v CITY OF BULAWAYO COMMERCIAL ENTITIES t/a INGWEBU BREWERIES AND KUPPKRAFT (PRIVATE) LIMITED
HB 171/25
Case Details
Court
Bulawayo High Court
Date
17 October 2025
Citation
HB 171/25
Neutral Citation
[2025] ZWHB 171
Outcome
unknown
Case Type
Urgent Application
Bench
Presiding
MOYO J
Full Bench
MOYO J
Areas of Law
Commercial LawContract LawInterdict Relief
Keywords
Preservation of fundsBrutum fulmenPrima facie rightBalance of convenience
Tags
InterdictPreservation of fundsContractual dispute
legislation
Statutes Cited
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ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether applicant has shown a prima facie right to warrant preservation of disputed funds","issue_type":"mixed","dispositive":"yes","related_facts":"Applicant's title deeds used as collateral; verbal arrangement on contract participation"}
- {"issue_text":"Whether there is reasonable ground to fear dissipation of funds by 2nd respondent","issue_type":"mixed","dispositive":"yes","related_facts":"Allegations of financial instability; lack of attachable assets"}
- {"issue_text":"Whether balance of convenience favours granting the interdict","issue_type":"mixed","dispositive":"yes","related_facts":"Pending litigation in HCBC 567/25; potential for judgment to be brutum fulmen"}
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background
Facts of the Case
Background
Applicant and 2nd respondent had a verbal arrangement regarding participation in a contract with 1st respondent. Applicant fears that 2nd respondent will dissipate funds due to financial instability, rendering any future judgment in her favour in HCBC 567/25 a brutum fulmen. Applicant seeks to preserve the funds pending determination of the main dispute.
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