TRUSTCO MOBILE (PTY) LIMITED and TRUSTCO GROUP INTERNATIONAL (PTY) LIMITED v ECONET WIRELESS (PRIVATE) LIMITED and FIRST MUTUAL LIFE ASSURANCE COMPANY (PRIVATE) LIMITED

HH 158-11

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Case Details

Court

Harare High Court

Date

4 July 2011

Citation

HH 158-11

Neutral Citation

[2011] ZWHH 158

Outcome

unknown

Case Type

Urgent Application

Bench

Presiding

MUTEMA J

Full Bench

MUTEMA J

Areas of Law

Contract LawIntellectual PropertyArbitration Law

Keywords

CancellationRepudiationSpecific PerformanceInterdictUrgent Chamber Application

Key Issues

{"issue_text":"Whether the matter is urgent","issue_type":"procedural","dispositive":"no","related_facts":"Delay in filing application from 5 June to 24 June 2011; explanation for delay involving multiple jurisdictions and legal counsel."}
{"issue_text":"Whether the draft order is defective because interim relief is substantially the same as final relief","issue_type":"procedural","dispositive":"no","related_facts":"Comparison of paragraphs in the draft order."}
{"issue_text":"Whether the requirements for a temporary interdict have been met","issue_type":"law","dispositive":"yes","related_facts":"Existence of agreement; termination of access; apprehension of injury."}
{"issue_text":"Who repudiated the agreement","issue_type":"law","dispositive":"yes","related_facts":"Correspondence of 31 May and 1 June 2011; termination of access."}

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background

Facts of the Case

Background

The first applicant and the respondents concluded a tripartite agreement for the provision of software and support services to facilitate free life insurance cover to Zimbabwean cellular phone users. A dispute arose over the calculation of royalty fees, leading the first applicant to issue a notice of breach. The first respondent purported to accept this as a termination of the agreement and switched off the applicant's access to its IT platform. The applicant then filed an urgent application to restore the status quo pending arbitration.

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