Sengeredo v CAble N.O. (HC 6868 of 2006) [2008] ZWHHC 32 (1 April 2008)

Sengeredo v CAble N.O. (HC 6868 of 2006) [2008] ZWHHC 32 (1 April 2008)

The applicant failed to prove both non-compliance with the court order and wilfulness on the part of the respondent. There is a real dispute of fact as to whether the handset was ever returned to the employer, and the applicant did not adequately address this. The respondent acted under a genuine belief that nothing further was required.

Citation
[2008] ZWHHC 32
Parties
Applicant: Loveness Sengeredo; Respondent: Eric Cable N. O.
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
1 April 2008
Case Number
HC 6868 of 2006
Procedural Posture
Opposed Application / Ruling on Contempt Application
Outcome
Application dismissed with costs
Legal Topics
Contempt of Court, Execution of Judgments
Source Language
English
Civil Procedure Contempt of Court Execution of Judgments

Case Brief

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Parties

Loveness Sengeredo

Applicant

Eric Cable N. O.

Respondent

Procedural Posture

Opposed Application / Ruling on Contempt Application

Legal Issues

  1. 1 Whether the respondent is in contempt of court for failing to deliver a mobile phone handset to the applicant as ordered
  2. 2 Whether non-compliance with the court order was wilful

Ratio Decidendi

The applicant failed to prove both non-compliance with the court order and wilfulness on the part of the respondent. There is a real dispute of fact as to whether the handset was ever returned to the employer, and the applicant did not adequately address this. The respondent acted under a genuine belief that nothing further was required.

Court Disposition

Application dismissed with costs

Orders

  • The application is dismissed.
  • The applicant pays the costs of the application.