ZELLCO CELLULLAR (PVT) LTD versus NETONE CELLULLAR (PVT) LTD and DR CALLISTUS NDLOVU and REWARD KANGAI and LYNDON NKOMO

HH 32-2012

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Case Details

Court

Harare High Court

Date

1 February 2012

Citation

HH 32-2012

Neutral Citation

[2012] ZWHH 32

Outcome

unknown

Case Type

Application

Bench

Presiding

GOWORA J

Full Bench

GOWORA J

Areas of Law

Civil ProcedureCompany LawContract Law

Keywords

ContemptCorporate DirectorsCourt OrderService Provider AgreementText Message

Key Issues

{"issue_text":"Whether the applicant should be denied a hearing due to alleged contempt of a costs order","issue_type":"procedural","dispositive":"no","related_facts":"Applicant's failure to pay costs in HC 3639/11"}
{"issue_text":"Whether the second, third, and fourth respondents were properly cited in contempt proceedings","issue_type":"procedural","dispositive":"yes","related_facts":"Directors were not served with the court order personally"}
{"issue_text":"Whether the first respondent was in wilful contempt of the court order","issue_type":"mixed","dispositive":"yes","related_facts":"First respondent's publication of retraction directing customers to pay it instead of applicant"}

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background

Facts of the Case

Background

The applicant obtained a provisional order restraining the first respondent from cancelling a Service Provider Agreement. The first respondent allegedly breached this order by publishing a retraction text message that directed customers to pay the first respondent instead of the applicant. The applicant then launched contempt proceedings against the first respondent and its directors.

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