Brian Davies v The Messenger of Court, Bulawayo N.O and Floyd Ambrose

HB 104-19

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Case Details

Court

Bulawayo High Court

Date

4 July 2019

Citation

HB 104-19

Neutral Citation

[2019] ZWHB 104

Outcome

unknown

Case Type

Urgent Application

Bench

Presiding

Mabhikwa J

Full Bench

Mabhikwa J

Areas of Law

Property LawCivil Procedure

Keywords

execution pending appealsection 40(3) Magistrate's Court Actwarrant of ejectmentstay of executionappeal

Key Issues

{"issue_text":"Whether a party must make a separate application for leave to execute pending appeal after the opposing party's application for stay of execution has been dismissed","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant's stay application was dismissed; 2nd respondent proceeded with execution without applying"}

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background

Facts of the Case

Background

The 2nd respondent sued the applicant for eviction in the magistrate's court and obtained judgment on 15 January 2019. The applicant noted an appeal on 15 February 2019 and applied for stay of execution on 18 February 2019, which was dismissed on 28 March 2019. The 2nd respondent then instructed execution to proceed without making an application for leave to execute pending appeal.

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