HH 357-18 AFRICOM HOLDINGS (PVT) LTD And Ors versus KWANAYI KASHANGURA and Anor

AFRICOM HOLDINGS (PVT) LTD

And

DR. SIBUSISO B. MOYO

And

CHONAKA HLABANGANE NDLOVU

versus

KWANAYI KASHANGURA

and

FERNHAVEN INVESTMENTS (PVT) LTD

 

 

HIGH COURT OF ZIMBABWE

DUBE J

HARARE, 28 May 2018 & 27 June 2018

 

 

Opposed Matter

 

C Mucheche, for the applicants

C Kwaramba, for the defendants

 

 

            DUBE J: The rules allow consolidation of matters where the parties involved are the same, the matters are pending in the same court, are capable of being consolidated and the issues to be decided the same or  similar. The rationale behind consolidation of matters is to avoid conflicting judgments, save time and money by clubbing together matters involving common questions of fact and law. The court has a discretion to order consolidation of an application for dismissal for want of prosecution of a matter with the matter sought to be dismissed and may order so where the interests of justice demand so.  In this case, the applicants seek an order consolidating two applications for dismissal for want of prosecution with the two applications sought to be dismissed. The application for consolidation is brought in terms of Order 13 r 92 of our rules.

            The first applicant is a telecommunications company. The second applicant is the board chairperson and director of the first applicant. The third applicant is one of first applicant’s directors. The first respondent is a major shareholder and director of the second respondent. 

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