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Harare High Court
Assemblies of God (Spiritual Movement) and Luckmore Zinyama and Philip Zinyama and David Makwindi v Assemblies of God and Sheriff of the High Court
HH 452-24
Case Details
Court
Harare High Court
Date
9 October 2024
Citation
HH 452-24
Neutral Citation
[2024] ZWHH 452
Outcome
unknown
Case Type
Urgent Application
Bench
Presiding
Takuva J
Full Bench
Takuva J
Areas of Law
Property LawCivil ProcedureExecution of judgments
Keywords
Stay of executionEvictionDefault judgmentRescissionChurch premisesUrgency
Tags
Stay of executionEvictionChurch property disputeRescission of judgment
legislation
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ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the application for stay of execution is urgent","issue_type":"procedural","dispositive":"no","related_facts":"Application filed 12 days after judgment, 3 days after rescission application"}
- {"issue_text":"Whether first and second applicants have locus standi to bring this application","issue_type":"procedural","dispositive":"no","related_facts":"Default judgment was against third and fourth applicants only"}
- {"issue_text":"Whether stay of execution should be granted pending rescission application","issue_type":"mixed","dispositive":"yes","related_facts":"Rescission application pending, irreparable harm alleged"}
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background
Facts of the Case
Background
The applicants, who are members of a Pentecostal church, sought a stay of execution of an eviction order granted against the third and fourth applicants from church premises. The eviction order was granted by default on 4 November 2024 in case HC 5359/23, and the applicants had filed an application for rescission of that judgment under case number HC 7365/23.
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