Elevate Academy PBC & Anor v TMS Holdings (Pvt) Ltd & Ors (HC 9328 of 2015; Ref HC 7752 of 2015) [2015] ZWHHC 795 (5 October 2015)
Applicants were operating illegally and had not purged their contempt; therefore, the court cannot grant relief until compliance with the law.
- Citation
- [2015] ZWHHC 795
- Parties
- Applicant: Elevate Academy PBC; Applicant: Innocent Sibanda; Respondent: TMS Holdings Pvt Ltd; Respondent: Tendai Mavhima; Respondent: The Sheriff of High Court
- Court
- Harare High Court
- Jurisdiction
- Zimbabwe
- Judgment Date
- 5 October 2015
- Case Number
- HC 9328 of 2015 ; Ref HC 7752 of 2015
- Procedural Posture
- Urgent Chamber Application / Ruling on Application
- Outcome
- application dismissed with costs on a higher scale
- Legal Topics
- Urgent Application, Tenant Rights, Illegal Enterprise, Dirty Hands Doctrine, Stay of Execution
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Full judgment text Downloadable case file Legal principles 2 Authorities cited 6 Party arguments 2
Parties
Elevate Academy PBC
Applicant
Innocent Sibanda
Applicant
TMS Holdings Pvt Ltd
Respondent
Tendai Mavhima
Respondent
The Sheriff of High Court
Respondent
Procedural Posture
Urgent Chamber Application / Ruling on Application
Legal Issues
- 1 Whether the applicants are entitled to relief while operating illegally
- 2 Whether the doctrine of dirty hands applies to deny relief
- 3 Whether execution of the eviction order should be stayed
Ratio Decidendi
Applicants were operating illegally and had not purged their contempt; therefore, the court cannot grant relief until compliance with the law.
Court Disposition
application dismissed with costs on a higher scale
Full Case Text
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