Judgment No. SC 22/18
Civil Appeal No. SC 291/16
[24]
The above remark that the first respondent could not be denied audience because the
appellant had no right to the land was clearly erroneous. Whether the first respondent
had a right of audience before that court had nothing to do with the question whether
the appellant had any legal rights to the land. The appellant had submitted in its heads
of argument that, despite the clear interdictory relief granted, the first respondent had
nevertheless taken occupation of the farm and had disrupted farming activities thereon.
On that basis, appellant had urged the court not to hear the first respondent until such
time as he purged his contempt.
[25]
Notwithstanding the above error on the part of the court a quo, it is clear that, for the
reason that follows, the decision by the court giving audience to the first respondent
was, at the end of the day, the correct one. The appellant had instituted separate
proceedings in HC 1856/14 for an order declaring the first respondent to be in contempt
of court. The High Court did, in fact, find the first respondent guilty of contempt of
court but this order was immediately appealed against and, at the time of the
confirmation proceedings in that Court, the matter was pending before this Court. Also
pending before the High Court was an application to execute the order that the first
respondent was in contempt pending determination of the appeal.
[25]
The position is now settled in our law that the noting of an appeal suspends the
execution of the judgment appealed against unless the court otherwise directs. See
Longman Zimbabwe (Pvt) Ltd v Midzi & Ors 2008 (1) ZLR 198(S), 204 E-F. The
general effect of the noting of an appeal is that no results can flow from the judgment
appealed against which would place the parties in a position different from that which
they enjoyed immediately before judgment was given. I therefore accept Mr Mpofu’s
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