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 DISTRIBUTED BY VERITAS e-mail: veritas@mango.zw; website: www.veritaszim.net Veritas makes every effort to ensure the provision of reliable information, but cannot take legal responsibility for information supplied. 31

Select target paragraph3

Add to table of contents