ZELLCO CELLULAR (PVT) LTD v NET-ONE CELLULAR (PVT) LTD & ORS 2012 (1) ZLR 164 (H)

2012 (1) ZLR p164

Flynote

Company – director – liability – for acts of company – company in contempt of court order – director not cited in original proceedings – need to show that director was served with or aware of court order before committal for contempt permissible

Court – contempt – corporation – liability of officer of corporation – can be convicted of contempt if negligently or knowingly refuses to comply with a court order

Court – contempt – failure to obey court order – application for order holding respondent in contempt – what applicant must show – need to show that respondent was served with or aware of court's order – company director – not cited in original proceedings – application against – need to show that director was served with or aware of order

Court – contempt – principle object of contempt proceedings – application for an order of contempt of court – what needs to be proved – disobedience of the court order must be wilful and mala fide – onus upon respondent once failure to comply with court order is established

Costs – tariff of fees – de facto bar – fees of its members are a disbursement and not subject to taxation by the taxing master – fees should represent a fair and reasonable overall charge for work performed