SC 43-13 - ECONET WIRELESS (PVT) LTD v TRUSTCO MOBILE (PROPRIETARY) LTD

ECONET WIRELESS (PVT) LTD

v

(1) TRUSTCO MOBILE (PROPRIETARY) LTD (2) TRUSTCO GROUP INTERNATIONAL (PROPRIETARY) LTD

 

SUPREME COURT OF ZIMBABWE

MALABA DCJ, ZIYAMBI JA & GARWE JA

HARARE, JUNE 26, 2012 & SEPTEMBER 26, 2013

A P De Bourbon SC, for the appellant

T Mpofu, for the respondents

                      

GARWE JA: On 25 July 2011, the High Court at Harare granted an order in the following terms:

FINAL RELIEF SOUGHT

That you show cause to this Honourable Court why a final order should not be made in the following terms:-

Pending the determination of the dispute between the parties by the process of Arbitration in terms of the provisions of the Arbitration Act, the first respondent shall not take any steps neither shall it act in any such manner as is inconsistent with the rights of the applicants arising from the agreement between the parties (as amended), and shall not act in such a way unless entitled to so act in terms of any Arbitral Award that may be handed down.

The costs of this application shall be costs in the envisaged arbitration proceedings.

INTERIM RELIEF GRANTED

That pending determination of this matter on the return date, applicants are granted the following relief:-

The first respondent is directed to restore to the first applicant the internet based reporting links and all access to Trustco mobile hardware and software, thus enabling it to monitor and process airtime purchase transactions and otherwise perform its obligations in terms of the agreement; and

The first respondent be directed to refrain from undertaking and implementing a competing, infringing service to that provided by the first applicant in terms of the agreement”.

 

Dissatisfied with the order, the appellant filed a notice of appeal with this Court.  In essence the appellant seeks an order setting aside the decision of the court a quo and substituting it with one dismissing the application with costs.

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