GARFIELD v MINISTER OF DEFENCE 1986 (2) ZLR 112 (H)

Flynote

Court — contempt of court — denial of audience to party in contempt — discretion of court.

Headnote

The petitioner, imprisoned by a court martial, obtained an urgent rule nisi ordering inter alia his release from detention. The respondent failed to obey the order. On the return day counsel for the petitioner submitted that the court ought to deny the respondent audience. For the respondent it was submitted that the petitioner himself had placed the court in an invidious position by adopting an incorrect procedure rather than a review and seeking a decision on sufficiency of evidence in the absence of the record of the proceedings of the court martial.

Held, that a party in contempt, unlike a fugitive from justice, is not absolutely barred from being heard in a court of law but his cause may be entertained at the court's discretion.

Held, that good grounds existed to hear the respondent.