Shabitai band Another v Sivan and Another (566 of 2023) [2023] ZWHHC 451 (19 October 2023)

Shabitai band Another v Sivan and Another (566 of 2023) [2023] ZWHHC 451 (19 October 2023)

Applicants are fugitives from justice due to extant warrants of arrest and cannot be heard until they avail themselves and purge their contempt. The court cannot condone litigants seeking relief while evading lawful process. The matter will be struck off the roll if applicants do not physically appear within 10 days.

Citation
[2023] ZWHHC 451
Parties
Applicant: Gilad Shabitai; Applicant: Munyaradzi Gonyora; Respondent: Offer Sivan; Respondent: Adlecraft Investments (Private) Limited
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
19 October 2023
Case Number
566 of 2023
Procedural Posture
Opposed Application / Ruling on Application for Rescission of Judgment and Related Preliminary Objections
Outcome
Conditional order; applicants to avail themselves within 10 days or matter struck off the roll. Costs awarded against applicants.
Legal Topics
Rescission of Judgment, Fugitives From Justice, Right of Audience, Warrants of Arrest
Source Language
English
Civil Procedure Rescission of Judgment Fugitives From Justice Right of Audience Warrants of Arrest

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 4 Authorities cited 13 Party arguments 2
Sign in to unlock

Parties

Gilad Shabitai

Applicant

Munyaradzi Gonyora

Applicant

Offer Sivan

Respondent

Adlecraft Investments (Private) Limited

Respondent

Procedural Posture

Opposed Application / Ruling on Application for Rescission of Judgment and Related Preliminary Objections

Legal Issues

  1. 1 Whether applicants are fugitives from justice and thus barred from audience before the court
  2. 2 Whether warrants of arrest issued after commencement of proceedings affect right to be heard
  3. 3 Whether matter should be struck off the roll or removed pending review of warrants

Ratio Decidendi

Applicants are fugitives from justice due to extant warrants of arrest and cannot be heard until they avail themselves and purge their contempt. The court cannot condone litigants seeking relief while evading lawful process. The matter will be struck off the roll if applicants do not physically appear within 10 days.

Court Disposition

Conditional order; applicants to avail themselves within 10 days or matter struck off the roll. Costs awarded against applicants.

Orders

  • Applicants to physically avail themselves within 10 days of the order, failing which they will be deemed fugitives from justice and the matter (HC 6545/22) will be struck off the roll.
  • If applicants avail themselves as ordered, the matter will proceed on merit.