The judgment, delivered by Justice Samuel Deme on Wednesday, also directed Shuntai to bear the costs of the application on an ordinary scale.
Justice Deme stated, “The first respondent (Shuntai) failed to comply with the terms of the provisional order.
By so doing, the first respondent willfully belittled this court. “An order that the first respondent is in contempt of court, coupled with a hefty fine, can only be necessary to deter the first respondent from continuing with the acts of breaching the provisional order issued by this court. ”The application was brought by Bryden Country School Trust against Shuntai Investments, its directors Yinliang Jia and Mingchang Xing, and other parties.
The provisional order, granted under case HCH 1326/25, directed Shuntai to immediately suspend activities related to the construction of a cement and lime factory at Plot Number 8 Eastbourne, Chegutu.
The trust alleged that Shuntai continued construction at the site in defiance of the court order, disrupting its students and staff due to noise and air pollution.
Shuntai, however, argued that only temporary structures were constructed, a claim the court found inconsistent with evidence gathered during an inspection in loco.
Justice Deme noted, “What was observed at the site cannot be imagined to be temporary structures at all. “A big structure at the foundation stage cannot be construed to be a temporary structure. ”The court dismissed Yinliang and Mingchang, from the application, upholding their preliminary objection that they were not parties to the original matter.
Justice Deme emphasised the principle of corporate legal personality, stating, “The company, being a juristic person, ought to be regarded as a person different from its directors.
The court will not lightly pierce the corporate veil unless absolutely necessary. ”On the issue of costs, the court declined to grant attorney-client scale costs sought by Bryden, noting that exceptional circumstances warranting such costs had not been established.
Mr Innocent Nderere of Scanlen and Holderness represented Bryden Country School Trust, while Mr Tonderai Mandizvidza of Masiya-Sheshe and Associates acted for Shuntai and its directors.
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