Borges v Shumba (403 of 2021) [2021] ZWHHC 403 (5 August 2021)

The respondent was found to have deliberately and consciously disobeyed a valid court order to deliver a specific vehicle, with no credible evidence supporting his inability to comply. The explanations offered were unsubstantiated and raised only in argument, not evidence. The court found malafides and granted the contempt order as prayed.

Citation: [2021] ZWHHC 403
Parties: Applicant: Ronald Borges; Respondent: Prosper Shumba
Court: Harare High Court
Jurisdiction: Zimbabwe
Judgment Date: 5 August 2021
Case Number: 403 of 2021
Procedural Posture: Opposed Application for Contempt of Court / Ruling on Contempt Application
Outcome: Application for contempt of court granted.
Legal Topics: Contempt of Court, Non Compliance With Court Orders, Specific Performance
Source Language: English

Civil Procedure Enforcement of Judgments Contempt of Court Non Compliance With Court Orders Specific Performance

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2 Amounts and remedies 1

Parties

Ronald Borges

Applicant

Prosper Shumba

Respondent

Procedural Posture

Opposed Application for Contempt of Court / Ruling on Contempt Application

Legal Issues

1 Whether the respondent was in contempt of a court order requiring delivery of a specific vehicle
2 Whether the respondent's explanations for non-compliance constituted a valid defence to contempt

Ratio Decidendi

Court Disposition

Application for contempt of court granted.

Orders

Respondent held in contempt of paragraph 2 of the order in HC 3454/17.
Respondent committed to gaol for thirty days or until compliance with the order.