Mahembe v Matambo (HB 322 of 2002) [2003] ZWBHC 13 (29 January 2003)

Mahembe v Matambo (HB 322 of 2002) [2003] ZWBHC 13 (29 January 2003)

Respondent acted vexatiously and abused the legal process by opposing the application without genuine grounds, justifying an award of costs on a punitive scale.

Citation
[2003] ZWBHC 13
Parties
Applicant: Michael Mahembe; Respondent: Clever Matambo
Court
Bulawayo High Court
Jurisdiction
Zimbabwe
Judgment Date
29 January 2003
Case Number
HB 322 of 2002
Procedural Posture
Civil / Judgment After Confirmation of Provisional Order
Outcome
Provisional order confirmed; costs awarded on a punitive scale against respondent.
Legal Topics
Costs, Provisional Orders, Abuse of Process, Sale of Business
Source Language
English
Civil Procedure Costs Provisional Orders Abuse of Process Sale of Business

Case Brief

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Parties

Michael Mahembe

Applicant

Clever Matambo

Respondent

Procedural Posture

Civil / Judgment After Confirmation of Provisional Order

Legal Issues

  1. 1 Whether the provisional order should be confirmed
  2. 2 Whether costs should be awarded on a punitive scale

Ratio Decidendi

Respondent acted vexatiously and abused the legal process by opposing the application without genuine grounds, justifying an award of costs on a punitive scale.

Court Disposition

Provisional order confirmed; costs awarded on a punitive scale against respondent.

Orders

  • Provisional order confirmed in favour of applicant.
  • Respondent to pay costs at a punitive (attorney and client) scale.