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Harare High Court
Clements Momberume v Marange Apostolic Church of St Johanne and Davison Shonhiwa NO and Master of the High Court and Deputy Sheriff Mutare
HH 309-17
Case Details
Court
Harare High Court
Date
17 May 2017
Citation
HH 309-17
Neutral Citation
[2017] ZWHH 309
Outcome
unknown
Case Type
Application
Bench
Presiding
ZHOU J
Areas of Law
Civil ProcedureProperty LawEnforcement of Judgments
Keywords
writ of executionseizuredeputy sheriffcourt order enforcementgoods attachment
Tags
writ of executionseizure of goodsenforcement of court orders
legislation
Statutes Cited
- High Court Rules, Order 40 rule 322
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether a Sheriff or Deputy can seize goods without a writ of execution","issue_type":"procedural","dispositive":"yes","related_facts":"Seizure occurred without writ; Order 40 r 322 requires writ"}
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background
Facts of the Case
Background
The applicant sought the return of goods seized by the Deputy Sheriff Mutare on 24 June 2011 without a writ of execution. The seizure was purportedly based on a court order from case HC 489/07, but no writ of execution had been issued. The court found that seizure without a writ of execution was unlawful.
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