CLEOBAND INVESTMENTS (PVT) LTD vs STERLING GOLD and SHERIFF OF THE HIGH COURT N.O and LM AUCTIONEERS (PRIVATE) LIMITED and CHIGAMI SYNDICATE

HH 175-25

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Case Details

Court

Harare High Court

Date

19 March 2025

Citation

HH 175-25

Neutral Citation

[2025] ZWHH 175

Outcome

unknown

Case Type

Urgent Application

Bench

Presiding

WAMAMBO J

Full Bench

WAMAMBO J

Areas of Law

Civil ProcedureCorporate LawInsolvency Law

Keywords

Corporate rescueStay of executionUrgencyDefault judgmentRescission of judgment

Key Issues

{"issue_text":"Whether the urgent chamber application meets the requirements of urgency as contemplated by the rules of court","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant's failure to file heads of argument on time, double booking of counsel, filing application only after default judgment"}

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background

Facts of the Case

Background

CLEOBAND INVESTMENTS (PVT) LTD, a company under corporate rescue, sought a stay of execution pending determination of an application for rescission of judgment. A default judgment had been entered against the applicant on 24 February 2025 under HCH 7808/23 after the applicant's legal practitioners failed to file heads of argument on time. The applicant claimed urgency based on the pending rescission application and the fact that execution would prejudice its corporate rescue proceedings.

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