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Harare High Court
Adam Ebrahim Mohammed Dudhia and Somayya Meer v Yakub Mahomed
HH 547-18
Case Details
Court
Harare High Court
Date
19 September 2018
Citation
HH 547-18
Neutral Citation
[2018] ZWHH 547
Outcome
unknown
Case Type
Application
Bench
Presiding
Ndewere J
Full Bench
Ndewere J
Areas of Law
Civil procedureDebt enforcementExecution
Keywords
Civil imprisonmentNulla bona returnConsent judgmentExecution
Tags
Civil imprisonmentDebt enforcementExecution
legislation
Statutes Cited
- High Court Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether a valid nulla bona return existed to support civil imprisonment","issue_type":"procedural","dispositive":"yes","related_facts":"Sheriff issued nulla bona return on 12 December 2017 after failed execution attempts"}
- {"issue_text":"Whether the defendant had capacity to pay the debt","issue_type":"factual","dispositive":"yes","related_facts":"Defendant failed to provide financial evidence but submissions revealed capacity"}
- {"issue_text":"Whether pending application to set aside consent judgment should stay civil imprisonment","issue_type":"procedural","dispositive":"no","related_facts":"Application HC 11178/17 dismissed during pendency of this matter"}
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background
Facts of the Case
Background
The plaintiffs sought civil imprisonment of the defendant for failure to pay a debt of $1,252,151.05 arising from a consent judgment of 15 March 2017. The defendant opposed the application claiming there was no valid nulla bona return and that he had applied to set aside the consent order.
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