J C CONNOLLY & SONS (PVT) LTD v NDHLUKULA AND ANOR 2018 (1) ZLR 219 (S)
Citation | 2018 (1) ZLR 219 (S) |
Case No | Judgment No. S-22-18 |
Court | Supreme Court, Harare |
Judge | Garwe JA, Hlatshwayo JA & Guvava JA |
Heard | 31 July 2017 |
Judgment | 15 March 2018 |
Counsel | T Zhuwarara, for the appellant |
Case Type | Civil appeal |
Annotations |
Flynote
Appeal – points raised for first time on appeal – claiming relief on grounds different from those relied on in court a quo – not an issue that can be dealt with on appeal
Court – contempt – proceedings for contempt of court instituted and order granted – appeal noted against order – effect – judgment suspended – person appealing cannot be denied audience on basis that contempt not purged
Estoppel – how established – Minister as acquiring authority issuing offer letter in respect of farm – deputy Ministers having earlier tacitly approved continued occupation by original owner of farm – grounds for estoppel not thereby established
Interdict – requirements – clear right – former owner of farm not having lawful authority to remain in occupation – not entitled to interdict to prevent occupation by person in receipt of offer letter
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