JOHN STRONG (PVT) LTD & ANOR v WACHENUKA (1) 2010 (1) ZLR 151 (H)

2010 (1) ZLR p151

Flynote

Costs – litigant in contempt of court orders – award of costs on legal practitioner and client scale – award on the higher scale appropriate to give effect to the court's displeasure

Court – contempt of – failure to comply with court orders – what amounts to contempt of court — wilful and mala fide refusal or failure to comply with court order – proceedings for contempt of court – onus of proof – belief by litigant that a court order was invalid – duty notwithstanding to obey such order until set aside an appeal or review

Court – contempt of – need for court to enforce its orders – appropriate punishment for contempt of court – committal to prison appropriate upon failure to purge the contempt

Practice and procedure – parties – citation of – contempt proceedings – party not required to perform any acts or to desist from any conduct – such party need not be cited

Practice and procedure – application – application by a company – affidavit by person purporting to represent company – such person must establish authority to represent the company – exceptions to rule – each case must depend on its merits

Practice and procedure – locus standi — former owner of farm acquired by the State – locus standi to bring contempt proceedings – former owner having provisional order of court in his favour – locus standi deriving from the provisional order