DELMA LUPEPE
and
ILASHA MINING (PVT) LTD
versus
TRYNOS NKOMO
HIGH COURT OF ZIMBABWE
MOYO J
BULAWAYO 22 FEBRUARY 2018 AND 15 MARCH 2018
Urgent Chamber Application
S Siziba for the respondents
Z C Ncube for the applicant
MOYO J: The applicant filed an application seeking the following interim relief:
“Pending the final determination of this matter on the return date, the applicant be and is hereby granted the following relief:
1) That the execution of the writ dated 30 August 2017, in HC 1758/17 be and is hereby stayed pending the finalization of the application for rescission of judgment filed undercover of case number HC 320/18.
2) In the event that the 2nd respondent had dismantled the stamp mills he be ordered to re-install them immediately at the 1st respondent’s expense.”
The background of this matter is that the parties entered into an agreement of sale of mining shares the terms of the agreement were allegedly not fully complied with by the first respondent. The applicant sought to cancel the agreement. First respondent then sued for profits/dividends on the basis of the agreement of sale. He obtained default judgment against the applicants in that respect.
Applicants are now seeking to rescind that judgment. This application has been filed to stay the execution of the default judgment pending the finalization of the application for
