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SWIMMING POOL & UNDERWATER REPAIR (PVT) LTD & ORS v RUSHWAYA & ANOR 2012 (2) ZLR 151 (S)

2012 (2) ZLR p151

Citation

2012 (2) ZLR 151 (S)

Case No

Judgment No. S-32-12

Court

Supreme Court, Harare

Judge

Chidyausiku CJ (in chambers)

Heard

19 July 2012; CAV

Judgment

21 August 2012

Counsel

F Girach, with him Mr Nyamasoka, for the applicants
P Chitsa, with him V Masvaya, for the respondents

Case Type

Chamber application

Annotations

Link to case annotations

Flynote

Appeal – hearing – application for hearing on urgent basis – appeal against refusal to grant spoliation order – applicant must show reasonable prospects of success

Company – legal proceedings – action by majority shareholders against minority shareholders – need to obtain company resolution to initiate proceedings

Practice and procedure – application – urgent – urgent application for spoliation – application dismissed – appeal against such dismissal – whether should be heard on urgent basis – depends of prospects of success

Property and real rights – spoliation – order – refusal to grant – appeal against – when should be heard on an urgent basis

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