Judgment No. SC 54/2018
Case No. SC 228/14
As regards the provisional order granted by the court a quo, the terms of the
final order sought are obviously problematic and insupportable to the extent that they
contemplate the authority of a court order as a prerequisite for the discontinuation of water
supply in every instance. As for the interim relief granted, this has been overtaken by events
and rendered otiose inasmuch as the respondent is no longer in occupation of the premises
in question. In the event, the provisional order granted by the court below should be set
aside in its entirety.
In the result, it is ordered as follows:
1. The appeal be and is hereby partially allowed.
2. The provisional order granted by the court a quo be and is hereby set aside.
3. Each party shall bear its own costs in respect of this appeal and the application
instituted in the court a quo.
UCHENA JA:
I agree.
ZIYAMBI AJA:
I agree.
Mbidzo, Muchadehama & Makoni, appellant’s legal practitioners
Nyamayaro, Makanza & Bakasa, respondent’s legal practitioners
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