Mungati and Another v Baureni (118 of 2024) [2024] ZWHHC 118 (21 March 2024)

By complying with the Magistrates Court order, the appellants acquiesced in the judgment and are barred from appealing against it under the doctrine of peremption.

Citation: [2024] ZWHHC 118
Parties: Appellant: Kenneth Mungati; Appellant: Zimbabwe Revenue Authority; Respondent: Patrick Baureni
Court: Harare High Court
Jurisdiction: Zimbabwe
Judgment Date: 21 March 2024
Case Number: 118 of 2024
Procedural Posture: Civil Appeal / Judgment on Appeal From Magistrates Court
Outcome: Appeal dismissed with costs
Legal Topics: Peremption, Jurisdiction of Magistrates Court, Compliance With Court Orders
Source Language: English

Civil Procedure Contempt of Court Peremption Jurisdiction of Magistrates Court Compliance With Court Orders

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 8 Party arguments 2

Parties

Kenneth Mungati

Appellant

Zimbabwe Revenue Authority

Appellant

Patrick Baureni

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal From Magistrates Court

Legal Issues

1 Whether appellants are barred from appealing due to compliance with the lower court order (peremption)
2 Whether the Magistrates Court had jurisdiction to order release of seized property
3 Whether appellants were in contempt of court for non-compliance with the order

Ratio Decidendi

By complying with the Magistrates Court order, the appellants acquiesced in the judgment and are barred from appealing against it under the doctrine of peremption.

Court Disposition

Appeal dismissed with costs

Orders

The appeal is dismissed.
Appellants to pay respondent's costs jointly and severally, one paying the other to be absolved.