Nkomo v Sevenzai (205 of 2022) [2022] ZWBHC 205 (28 July 2022)

Nkomo v Sevenzai (205 of 2022) [2022] ZWBHC 205 (28 July 2022)

The applicant established a prima facie right to the vehicle, demonstrated irreparable harm if interim relief is not granted, the balance of convenience favours the applicant, and there is no alternative satisfactory remedy. The matter is urgent as the need to act arose when applicant became aware of imminent sale. The preliminary objections lack merit.

Citation
[2022] ZWBHC 205
Parties
Applicant: Robert Nkomo; Respondent: Tawedzera Sevenzai
Court
Bulawayo High Court
Jurisdiction
Zimbabwe
Judgment Date
28 July 2022
Case Number
205 of 2022
Procedural Posture
Urgent Application for Interim Interdict / Ruling on Urgency and Merits of Interim Relief
Outcome
Interim interdict granted
Legal Topics
Interim Interdict, Urgency, Pledge of Movable Property, Loan Agreement
Source Language
English
Civil Procedure Property Law Interim Interdict Urgency Pledge of Movable Property Loan Agreement

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Parties

Robert Nkomo

Applicant

Tawedzera Sevenzai

Respondent

Procedural Posture

Urgent Application for Interim Interdict / Ruling on Urgency and Merits of Interim Relief

Legal Issues

  1. 1 Whether the application is urgent
  2. 2 Whether the applicant is entitled to an interim interdict restraining the respondent from disposing of the vehicle

Ratio Decidendi

The applicant established a prima facie right to the vehicle, demonstrated irreparable harm if interim relief is not granted, the balance of convenience favours the applicant, and there is no alternative satisfactory remedy. The matter is urgent as the need to act arose when applicant became aware of imminent sale. The preliminary objections lack merit.

Court Disposition

Interim interdict granted

Orders

  • Respondent is interdicted from selling or otherwise disposing of the Toyota Hilux Registration No. AEF 6948 pending confirmation or discharge of the provisional order.