ZIMBABWE MINING DEVELOPMENT CORPORATION & ANOR v AFRICAN CONSOLIDATED RESOURCES PLC & ORS 2010 (1) ZLR 34 (S)

Flynote

Appeal — execution — order for — court in the main judgment ordering that successful litigant may execute notwithstanding the noting of an appeal — such order only proper in exceptional circumstances — losing litigant's right to an appeal not to be abrogated lightly and without due process

Appeal — execution — pending appeal — application to execute pending appeal — when such application should be made — need for special application for leave to execute after noting of appeal — right of losing litigant to respond to such application

Appeal — noting — effect — judgment of court a quo suspended — court's power to give leave to execute notwithstanding the noting of an appeal

Practice and procedure — execution — pending appeal — application — full reasons for the application must be given to court — if application granted, full reasons therefor must be stated — failure of court to set out such reasons — effect — serious misdirection justifying the setting aside of the order