Commercial Farmers' Union of Zimbabwe

Commercial Farmers' Union of Zimbabwe

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Ndanga Consent Order HC 11/06

IN THE HIGH COURT OF ZIMBABWE CASE NO. HC 11/2006

HELD AT HARARE

In the matter between:

BATELEURS PEAK FARM HOLDINGS (PVT) LTD 1ST APPLICANT

and

CHIREDZI RANCHING COMPANY (PVT) LTD 2ND APPLICANT

and

DANIEL JACOBUS THERON 3RD APPLICANT

and

DROMORE FARM (PRIVATE) LIMITED 4TH APPLICANT

an

ANTHONY ROY MILLER 5TH APPLICANT

and

FANTAISIE FARM (PRIVATE) LIMITED 6TH APPLICANT

and

MAPANZA INVESTMENTS (PRIVATE) LIMITED 7TH APPLICANT

ASSISTANT COMMISSIONER NDANGA RESPONDENT

ORDER BY CONSENT

ON THE 30TH OF JUNE 2006 BEFORE JUSTICE KARWI

ADVOCATE E. MORRIS: for Applicants

MISS E. MWATSE: for Respondent

IT IS ORDERED BY CONSENT THAT:

a) The matter be and is hereby postponed sine die.

b) The Respondent shall by no later than 30 August 2006 either:-

i) cause the return to the Applicants of all machinery, plant and equipment covered

by the Court Orders exhibited in the papers herein.

ii) file such affidavits or such other papers as may be necessary to show cause why

she should not be sentenced for contempt of Court.

c) If the Respondent fails to perform her obligations in bi) or bii) the Applicants be and are

hereby given leave to set this matter down for argument on the duration of sentence.

d) The costs herein are reserved.

…………………….. ……………………………………………

MR K J ARNOTT MISS E. MWATSE

Applicants’ Legal Practitioner Respondent’s Legal Practitioner

3rd Floor Executive Chambers Civil Division of the Attorney

HARARE General’s Office, HARARE

…………………………………..

BY THE JUDGE/REGISTRAR

KJA/nc

**MR ARNOTT

“URGENT”

3 July 2006.

Miss Mwatse

Civil Division of the

Attorney General’s Office

HARARE

Dear Miss Mwatse

re: EQUIPMENT SEIZED ILLEGALLY AND IN RESPECT OF WHICH

THERE ARE CURRENTLY NO ORDERS FOR ITS RETURN

We enclose schedules of equipment that was illegally seized at the same time as the equipment

forming the subject of HC. 11/06 but in respect of which (save for Whitro Engineering (Private)

Limited) there are no court orders.

Please acknowledge receipt and confirm your client is returning the equipment immediately to

the owners. Unless this happens forthwith court process will follow to claim such return.

Yours faithfully

K J ARNOTT

COGHLAN WELSH & GUEST

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