Makeh Enterprises (Pvt) Ltd v Kaiser Engineering (Pvt) Ltd (HC 3256 of 2004) [2004] ZWBHC 122 (8 September 2004)

Makeh Enterprises (Pvt) Ltd v Kaiser Engineering (Pvt) Ltd (HC 3256 of 2004) [2004] ZWBHC 122 (8 September 2004)

The respondent failed to provide security for the applicant's claim and has not demonstrated sufficient financial resources; the appeal has no prospects of success and appears to be for delay. The applicant's interests outweigh the respondent's, justifying leave to execute pending appeal.

Source-derived case information.

Citation
[2004] ZWBHC 122
Parties
Applicant: MAKEH ENTERPRISES (PVT) LTD; Respondent: KAISER ENGINEERING (PVT) LTD
Court
Bulawayo High Court
Jurisdiction
Zimbabwe
Judgment Date
8 September 2004
Case Number
HC 3256 of 2004
Procedural Posture
Civil Application / Application for Leave to Execute Pending Appeal
Outcome
application granted
Legal Topics
Leave to Execute Pending Appeal, Attachment of Property, Arrears of Rent
Source Language
english
Civil Procedure Landlord and Tenant Leave to Execute Pending Appeal Attachment of Property Arrears of Rent

Source-derived case record

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Parties

MAKEH ENTERPRISES (PVT) LTD

Applicant

KAISER ENGINEERING (PVT) LTD

Respondent

Procedural Posture

Civil Application / Application for Leave to Execute Pending Appeal

Legal Issues

  1. 1 Whether leave to execute judgment pending appeal should be granted
  2. 2 Whether the applicant is entitled to continued attachment of respondent's property and closure of premises

Ratio Decidendi

The respondent failed to provide security for the applicant's claim and has not demonstrated sufficient financial resources; the appeal has no prospects of success and appears to be for delay. The applicant's interests outweigh the respondent's, justifying leave to execute pending appeal.

Court Disposition

application granted

Orders

  • Application for leave to execute pending appeal is granted in terms of the draft provisional order.