Kwaramba & Anor v Gavaza & Anor (HC 46 of 2015) [2015] ZWHHC 41 (15 January 2015)

Kwaramba & Anor v Gavaza & Anor (HC 46 of 2015) [2015] ZWHHC 41 (15 January 2015)

The court found that the applicants failed to establish new grounds of urgency after a previous ruling that the matter was not urgent. Therefore, the application could not be heard on an urgent basis and should proceed under normal court procedures.

Citation
[2015] ZWHHC 41
Parties
Applicant: Collen Kwaramba; Applicant: McMeekan Founders & Engineers 2014 (Pvt) Ltd; Respondent: Watson Gavaza; Respondent: Brighton Pabwe N. O.
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
15 January 2015
Case Number
HC 46 of 2015
Procedural Posture
Urgent Chamber Application / Application for Interim Relief Pending Review
Outcome
Application removed from the roll of urgent matters
Legal Topics
Urgency in Applications, Spoliation Orders, Interim Relief, Review of Lower Court Decisions
Source Language
English
Civil Procedure Labour Law Company Law Urgency in Applications Spoliation Orders Interim Relief Review of Lower Court Decisions

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Collen Kwaramba

Applicant

McMeekan Founders & Engineers 2014 (Pvt) Ltd

Applicant

Watson Gavaza

Respondent

Brighton Pabwe N. O.

Respondent

Procedural Posture

Urgent Chamber Application / Application for Interim Relief Pending Review

Legal Issues

  1. 1 Whether the matter is urgent and should be heard on an urgent basis
  2. 2 Whether interim relief should be granted pending review of a spoliation order

Ratio Decidendi

The court found that the applicants failed to establish new grounds of urgency after a previous ruling that the matter was not urgent. Therefore, the application could not be heard on an urgent basis and should proceed under normal court procedures.

Court Disposition

Application removed from the roll of urgent matters

Orders

  • The matter is removed from the roll of urgent matters
  • No order as to costs