Ambassador Chimonyo v Route Toute BV and 4 Others

HH 16-2010

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Case Details

Court

Harare High Court

Date

26 January 2010

Citation

HH 16-2010

Neutral Citation

[2010] ZWHH 16

Outcome

unknown

Case Type

Urgent Application

Bench

Presiding

MUSAKWA J

Full Bench

MUSAKWA J

Areas of Law

Property LawCivil Procedure

Keywords

spoliation orderstay of executionservice of processdiplomatic immunity

Key Issues

{"issue_text":"Whether the application was properly served on the applicant in accordance with High Court Rules","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant based in Tanzania; service on Ministry of Foreign Affairs; no personal service"}
{"issue_text":"Whether the applicant has prospects of success in the intended rescission application","issue_type":"mixed","dispositive":"yes","related_facts":"Divergence of authorities on spoliation; uncertainty in the law"}
{"issue_text":"Whether the applicant has established grounds for stay of execution","issue_type":"procedural","dispositive":"yes","related_facts":"Irregular service; prospects of success; balance of convenience"}

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Facts of the Case

Background

The applicant, a Zimbabwean ambassador to Tanzania, sought a stay of execution of a spoliation order granted against him while he was out of the country. The order related to his occupation of Fangudu farm which had been acquired by the government and allocated to him, but where his right to occupy had been declared by PATEL J in a previous judgment.

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