The applicant and respondent entered into a contract on 29 May 2015 in which the applicant sold a mine lab to the respondent for US$50,000. As security for performance, the respondent allegedly tendered three stamp mills located at Avalon B Mine, Filabusi, Insiza. The applicant instituted legal action under case number HC 1003/18 for recovery of amounts allegedly due. The respondent filed a plea on 7 May 2018 disputing liability and denying that the stamp mills were pledged as security, arguing that the agreement used the word "tendered" rather than "pledge". The applicant brought an urgent application for an interdict pendente lite to restrain the respondent from disposing of the three stamp mills pending finalization of HC 1003/18, claiming it would suffer irreparable harm if the mills were disposed of.