Tony Renato Sarpo v Regis Maburutse (1) and Wayne Williams (2) and Matebeleland Engineering (Private) Limited (3)

HH 475-25

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Case Details

Court

Harare High Court

Date

14 August 2025

Citation

HH 475-25

Neutral Citation

[2025] ZWHH 475

Outcome

unknown

Case Type

Application

Bench

Presiding

DEMBURE J

Full Bench

DEMBURE J

Areas of Law

Civil ProcedureCompany LawContempt of Court

Keywords

contemptcourt orderdirectorshareholderinterdictaffidavitcommission of oaths

Key Issues

{"issue_text":"Whether the first respondent's opposing affidavit is valid and should be considered","issue_type":"procedural","dispositive":"yes","related_facts":"The first respondent's affidavit was commissioned by DR N. NCUBE (PhD) but the stamp did not identify his capacity as commissioner of oaths"}
{"issue_text":"Whether the first respondent is in contempt of court","issue_type":"mixed","dispositive":"yes","related_facts":"The first respondent allegedly continued to act as a director and usurped the applicant's functions despite the court order"}
{"issue_text":"Whether the second respondent is in contempt of court","issue_type":"mixed","dispositive":"yes","related_facts":"The court order in para 3 only interdicted the first respondent, not the second respondent"}

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background

Facts of the Case

Background

The applicant sought a contempt of court order against the respondents for defying a High Court judgment that interdicted them from interfering with his functions as a director of the third respondent company. The applicant alleged the first respondent continued to hold himself out as a director and usurped the applicant's functions. The first respondent's opposition was struck off for being improperly commissioned, while the application against the second respondent failed because the court order did not impose any obligations on him.

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