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Harare High Court
Taiyuan Sanxing Company Limited v Philcool Investments (Private) Limited & 8 Ors
HH 32-23
Case Details
Court
Harare High Court
Date
19 January 2023
Citation
HH 32-23
Neutral Citation
[2023] ZWHH 32
Outcome
unknown
Case Type
Urgent Application
Bench
Presiding
Deme J
Full Bench
Deme J
Areas of Law
Civil ProcedureSecurity for CostsPeregrinus Requirements
Keywords
peregrinussecurity for costsurgent applicationinterdictcontempt of courtcoke oven battery plant
Tags
urgent chamber applicationsecurity for costsperegrinusinterdictcontempt of court
legislation
Statutes Cited
- High Court Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether a peregrinus applicant must furnish security for costs before proceeding with an urgent chamber application","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant is foreign company; offered plant as security; no immovable property offered"}
- {"issue_text":"Whether the plant offered by applicant can constitute adequate security for costs","issue_type":"mixed","dispositive":"no","related_facts":"Plant allegedly on verge of collapsing; no alternative security offered"}
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background
Facts of the Case
Background
The applicant, a foreign company, brought an urgent chamber application seeking to enforce a previous interdict order. The first to fifth respondents raised a point in limine that the applicant, being a peregrinus, must furnish security for costs before proceeding with the application.
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