TEVIOT Trust (Pvt) Ltdv KASEPLN Grand Industries (Pvt) Ltd (3 of 2023) [2023] ZWHHC 438 (4 January 2023)

TEVIOT Trust (Pvt) Ltdv KASEPLN Grand Industries (Pvt) Ltd (3 of 2023) [2023] ZWHHC 438 (4 January 2023)

The Applicant met the requirements for a provisional interdict: it has a prima facie right to the property, faces irreparable harm if construction continues, has no satisfactory alternative remedy, and the balance of convenience favours granting the interdict. The certificate of urgency, though imperfect,...

Source-derived case information.

Citation
[2023] ZWHHC 438
Parties
Applicant: Teviot Trust (Pvt) Ltd; Respondent: Kaseplan Grand Industries (Pvt) Ltd
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
4 January 2023
Case Number
3 of 2023
Procedural Posture
Urgent Chamber Application / Ruling on Interim Interdict
Outcome
Provisional order granted with amendments to costs
Legal Topics
Interim Interdict, Urgency, Compulsory Acquisition, Eviction, Ownership Dispute
Source Language
english
Civil Procedure Property Law Interim Interdict Urgency Compulsory Acquisition Eviction Ownership Dispute

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Summary, issues, holding and outcome

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Parties

Teviot Trust (Pvt) Ltd

Applicant

Kaseplan Grand Industries (Pvt) Ltd

Respondent

Procedural Posture

Urgent Chamber Application / Ruling on Interim Interdict

Legal Issues

  1. 1 Whether the requirements for a provisional interdict are met
  2. 2 Whether the application is urgent
  3. 3 Whether the certificate of urgency is defective

Ratio Decidendi

The Applicant met the requirements for a provisional interdict: it has a prima facie right to the property, faces irreparable harm if construction continues, has no satisfactory alternative remedy, and the balance of convenience favours granting the interdict. The certificate of urgency, though imperfect, substantially complies with requirements and is condoned. The application is urgent and the interim interdict is warranted.

Court Disposition

Provisional order granted with amendments to costs

Orders

  • Applicant's application for interim interdict granted
  • Respondent, its agents, nominees and appointees barred from constructing any structures on Lot 1A of Teviotdale, measuring 147,1169 Morgen held under Certificate of Title number 3873/56, pending the setting aside of the order under HC 3383/20