Madzimbamuto v Musamadiya (235 of 2024) [2024] ZWHHC 235 (6 June 2024)

Madzimbamuto v Musamadiya (235 of 2024) [2024] ZWHHC 235 (6 June 2024)

The respondent was aware of the court orders, was properly served, and deliberately disobeyed the eviction order by forcibly re-entering the premises after lawful eviction, constituting wilful and mala fide contempt of court.

Citation
[2024] ZWHHC 235
Parties
Applicant: Memory Madzimbamuto; Respondent: Judith Musamadiya
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
6 June 2024
Case Number
235 of 2024
Procedural Posture
Chamber Application for Contempt of Court / Judgment on Opposed Application
Outcome
Application granted. Respondent found in contempt of court.
Legal Topics
Contempt of Court, Eviction, Enforcement of Court Orders
Source Language
English
Civil Procedure Property Law Contempt of Court Eviction Enforcement of Court Orders

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Parties

Memory Madzimbamuto

Applicant

Judith Musamadiya

Respondent

Procedural Posture

Chamber Application for Contempt of Court / Judgment on Opposed Application

Legal Issues

  1. 1 Whether the respondent is in contempt of court for failing to comply with an eviction order

Ratio Decidendi

The respondent was aware of the court orders, was properly served, and deliberately disobeyed the eviction order by forcibly re-entering the premises after lawful eviction, constituting wilful and mala fide contempt of court.

Court Disposition

Application granted. Respondent found in contempt of court.

Orders

  • Respondent found in contempt of court order under HC 1996/2022.
  • Respondent committed to Chikurubi Maximum Prison for 6 months, wholly suspended on condition of immediate compliance with court order in HC 1996/22.