Jerome Okeke v The Principal Immigration Officer

### Preamble
1
HH 352/12
HC 4054/12
JEROME OKEKE
versus
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JEROME OKEKE
versus
THE PRINCIPAL IMMIGRATION OFFICER,

HIGH COURT OF ZIMBABWE
HUNGWE J
HARARE, 20 April 2012 & 19 September 2012

Urgent Chamber Application

J Samukange, for the applicant
T O Dodo, for the respondent

HUNGWE J: This matter came before me through the chamber book on 16 April 2012. I directed that it be heard on an urgent basis as I considered the requirements for the procedure fully met. It was set down for hearing on 20 April 2012. Counsel for the respondent argued at length in favour of the grant of the provisional order. Mr Samukange, for the applicant, in the end conceded that without specifically pointing to the basis for reasonable apprehension of unlawful detention, which his client feared the respondent was about to effect, the court could not interdict the respondent from requiring the applicant to appear for an interview with his officers or ask the police to effect a lawful arrest where there were reasonable grounds that the applicant had committed an offence. Mr Dodo, on the other hand, for the respondent, assured the court that the respondent would not act capriciously by prompting the Zimbabwe Republic Police to effect an arrest prior to a lawful inquiry regarding the existence or otherwise of grounds of such an arrest.

In the end both parties agreed that in the event that the respondent or his officers required to interview the applicant, the respondent would request Mr Samukange to bring the applicant for such an interview, which interview would be carried out in the presence of Mr Samukange. Should such an interview be adjourned to another day, the applicant would be excused on the condition that Mr Samukange brings him to the respondent’s offices on such an appointed day. In the result I make the following order in place of the provisional order:
 1. It is hereby recorded that the parties have agreed as follows: a. In the event that the respondent requires to carry out an interview of the applicant for any reason, the respondent shall request the applicant to appear at the respondent’s offices together with a lawyer of his choice.

   b. Should such interview for any reason be adjourned for resumption on any other day, the respondent shall agree with the applicant’s counsel as to time and place for such resumed interview.

   c. This order shall not be construed as in any way or manner being a hindrance to any lawful investigations which any authority may lawfully carry out.

   d. In the event that either party wishes to seek an amendment of this order, such party may bring this matter before the court on the same papers, if so advised.

2. There will be no order for costs.
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