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Harare High Court
Christopher John Makasi Shava v Bergus Investments (Private) Limited and Messenger of Court
HH 226-11
Case Details
Court
Harare High Court
Date
26 October 2011
Citation
HH 226-11
Neutral Citation
[2011] ZWHH 226
Outcome
unknown
Case Type
Appeal
Bench
Presiding
MUTEMA J
Full Bench
CHIWESHE JPMUTEMA J
Areas of Law
Property LawCivil Procedure
Keywords
lease cancellationholding over damagescurrency nominalismrevalorisationwarrant defect
Tags
lease agreementexecution of judgmentcurrency conversionwarrant of execution
legislation
Statutes Cited
- Magistrates Court Civil Rules
- High Court Rules
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the judgment met requirements for issue of warrant","issue_type":"procedural","dispositive":"no","related_facts":"Magistrate's order wording"}
- {"issue_text":"Whether first respondent was entitled to revalorise claim on execution","issue_type":"law","dispositive":"yes","related_facts":"Currency conversion from ZWD to USD"}
- {"issue_text":"Whether the warrant was fatally defective","issue_type":"procedural","dispositive":"yes","related_facts":"Revalorisation in warrant content"}
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background
Facts of the Case
Background
The appellant and first respondent entered into a lease agreement for premises in Belgravia. After lease cancellation, the respondent obtained an eviction order in 2008 but delayed execution for 11 months, then attempted to execute the warrant with amounts converted to US dollars instead of Zimbabwe dollars as per the original judgment.
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