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EVANS & ANOR v SURTEE & ORS 2012 (1) ZLR 202 (S)

2012 (1) ZLR p202

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
L Uriri, for the respondent

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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