Rajendrakumar Jogi v Bulchimex GmbH Import-Export Chemikalen und Produkte & 6 Ors

[2021] ZWSC 47

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Case Details

Court

Supreme Court

Date

14 May 2021

Citation

[2021] ZWSC 47

Judgment No.

SC 47/21

Outcome

unknown

Case Type

Appeal and Cross-Appeal

Bench

Presiding

MAKARAU JA

Full Bench

MAKARAU JABHUNU JAMAKONI JA

Areas of Law

Civil ProcedureProperty Law

Keywords

composite judgmentconsolidationgross irregularityimportation of factsaudi alteram partem

Key Issues

{"issue_text":"Whether the judgment a quo was a composite or consolidated judgment of the two causes","issue_type":"procedural","dispositive":"yes","related_facts":"Judgment bore both case numbers and referenced facts from both matters"}
{"issue_text":"Whether the importation of facts from the urgent chamber application rendered the judgment grossly irregular","issue_type":"procedural","dispositive":"yes","related_facts":"Court made references to facts from urgent chamber application in which appellant was interested party"}

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Facts of the Case

Background

The first and second respondents (Belgian and German companies) obtained a provisional order restraining third and fourth respondents from dealing with two properties. Despite this, third and fourth respondents sold the Mt Pleasant property to the appellant. The High Court later delivered a judgment that the appellant claimed improperly consolidated two separate matters and made adverse findings without hearing him.

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