The applicant and the first and second respondents were in dispute over ownership and management of a gymnasium business at Shop 15, Borrowdale Brooke Shopping Centre in Harare. The first and second respondents had previously divested the applicant of control of the gymnasium, leading to a successful spoliation application (HC 9682/11) in which Musakwa J granted a provisional order on 11 October 2011 restoring possession, control and occupation of the gym to the applicant. The first and second respondents appealed this order to the Supreme Court, but the applicant obtained leave to execute pending appeal from Mavangira J on 8 December 2011 (HC 11660/11). When the Deputy Sheriff served a writ of ejectment on 10 September 2012 and returned to execute it on 13 September 2012, he found the first and second respondents had vacated the premises but had removed all the gym equipment to an unknown location. The building was left as an empty shell, rendering it useless for operating a gym business. A company called Quoscan (Pvt) Ltd attempted to stay the eviction claiming to have purchased the business from the first respondent, but this application was dismissed by Mutema J for lack of urgency.