Jean Pamelavant v George Jeche

The applicant operates a dairy farm in Gweru known as Throngrove Farm (Lot 55A Umsungwe Block). The respondent, who has his own Lyndene Farm 6 kilometers away, repeatedly interfered with the applicant's farming operations by blocking the gate entrance, preventing employees from accessing the farm and their houses, bringing workforce and materials onto the farm, commencing unauthorized construction of houses, and clearing land for cultivation. On 18 February 2015, the applicant obtained a court order in HC 11189/14 from Dube J directing that the applicant be restored to free undisturbed occupation of Throngrove Farm and interdicting the respondent from interfering with the applicant's use of the farm. Despite this court order, the respondent continued his interference. The applicant then filed an application in HC 3440/15 on 16 April 2015 seeking to have the respondent held in contempt of the February 2015 court order. This urgent chamber application (HC 3497/15) was brought seeking an order directing the registrar to set down the contempt application (HC 3440/15) on an urgent basis.

• Whether the contempt of court application in HC 3440/15 should be set down for hearing on an urgent basis
• Whether the court could sidestep the ordinary rules of court relating to set down of applications in the circumstances
• Whether the respondent's continued interference with the applicant's farm operations despite the existing court order constituted urgency warranting expedited hearing

The court ordered: (1) The court application in HC 3440/15 is urgent and should be heard on an urgent basis; (2) The applicant must serve another copy of the application on the respondent the same day; (3) The respondent must file notice of opposition and opposing affidavit within 2 days of second service; (4) The applicant may file an answering affidavit within 2 days of receiving opposition; (5) The respondent must file heads of argument within 2 days of receipt of applicant's heads of argument; (6) The registrar shall set down the application for urgent hearing within 5 days from filing of respondent's heads of argument; (7) Costs of this application shall be in the cause.

Where a party's conduct in defiance of an existing court order points to anarchy of unacceptable proportions and creates a pressing need for intervention, the court has the discretion to sidestep the ordinary rules of court relating to set down of applications in order to arrest the situation and achieve justice between litigants. The rules of court are meant to assist the court in achieving justice, not to create obstacles to it. In contempt of court matters where there is ongoing flagrant violation of court orders causing continuing harm, urgency may be established to warrant expedited procedures even though the ordinary rules would require longer time periods for filing of papers.

The court observed that while the applicant had submitted a draft provisional order, only final relief was appropriate in the circumstances of this case. This suggests that in contempt proceedings of this nature, the court preferred to deal with the matter finally rather than grant interim relief. The court also noted that it had no reason to doubt the facts set out by the applicant, particularly given that the respondent, though present, chose not to present his side of the story and only stated he was acting on behalf of someone else.

This case illustrates the Zimbabwe High Court's approach to urgent applications seeking expedited set down of contempt of court proceedings. It demonstrates that where there is persistent and flagrant violation of court orders creating anarchy and disrupting lawful operations, the court will exercise its discretion to sidestep ordinary procedural rules to achieve justice. The case is significant in the context of land disputes in Zimbabwe and the court's willingness to protect existing court orders from being rendered meaningless through contemptuous conduct. It also reinforces the principle that procedural rules exist to serve justice, not to frustrate it, and may be adapted when circumstances demand urgent intervention.