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Harare High Court
Daniel Dube and Daniel Technologies P/L v Old Mutual Properties and Deputy Sheriff Harare
HH 119-11
Case Details
Court
Harare High Court
Date
2 June 2011
Citation
HH 119-11
Neutral Citation
[2011] ZWHH 119
Outcome
unknown
Case Type
Urgent Application
Bench
Presiding
Bhunu J
Full Bench
Bhunu J
Areas of Law
Commercial LawProperty Law
Keywords
Lease agreementArrearsDeed of settlementExecutionStay of execution
Tags
Lease agreementExecutionStay of executionArrears
legislation
Statutes Cited
- No statute is quoted, cited or interpreted.
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether stay of execution should be granted pending rescission application","issue_type":"procedural","dispositive":"yes","related_facts":"Applicants unemployed and company non-operational, no payments made under settlement"}
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background
Facts of the Case
Background
The applicants, a company and its director, fell into rental arrears under a lease agreement with the first respondent. After entering into a deed of settlement which they failed to honor, a default judgment was granted against them. When execution was about to be enforced, the first applicant brought an urgent application for stay of execution pending a rescission application.
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