ZIMBABWE MINING DEVELOPMENT CORPORATION & ANOR v AFRICAN CONSOLIDATED RESOURCES PLC & ORS 2010 (1) ZLR 34 (S)

2010 (1) ZLR p34

Flynote

Appeal – execution – order for – court in the main judgment ordering that successful litigant may execute notwithstanding the noting of an appeal – such order only proper in exceptional circumstances – losing litigant's right to an appeal not to be abrogated lightly and without due process

Appeal – execution – pending appeal – application to execute pending appeal – when such application should be made – need for special application for leave to execute after noting of appeal – right of losing litigant to respond to such application

Appeal – noting – effect – judgment of court a quo suspended – court's power to give leave to execute notwithstanding the noting of an appeal

Practice and procedure – execution – pending appeal – application – full reasons for the application must be given to court – if application granted, full reasons therefor must be stated – failure of court to set out such reasons – effect – serious misdirection justifying the setting aside of the order