EVANS & ANOR v SURTEE & ORS 2012 (1) ZLR 202 (S)
Citation | 2012 (1) ZLR 202 (S) |
Case No | Judgment No. S-4-12 |
Court | Supreme Court, Harare |
Judge | Ziyambi JA, Garwe JA & Cheda AJA |
Heard | 11 July 2011; CAV |
Judgment | 13 February 2012 |
Counsel | D Ochieng, for the appellant |
Case Type | Civil appeal |
Annotations | No case annotations to date |
Flynote
Court – contempt – failure to obey court order – when application for holding defaulter in contempt may be granted – order must be one ad factum praestandum – need for court to determine true nature of order granted – failure to obey orders ad pecuniam solvendam not punishable as contempt – need for court also to consider whether order ad factum praestandum can be complied with and whether other remedies available
Practice and procedure – order – types of order which may be granted – order ad factum praestandum and order ad pecuniam solvendam – distinction between
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