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Harare High Court
David Chiweza v Divvyland Investments (Pvt) Limited and The Sheriff for Zimbabwe
HH 83-22
Case Details
Court
Harare High Court
Date
10 February 2022
Citation
HH 83-22
Neutral Citation
[2022] ZWHH 83
Outcome
unknown
Case Type
Urgent Application
Bench
Presiding
FOROMA J
Full Bench
FOROMA J
Areas of Law
Property LawCivil ProcedureExecution
Keywords
evictionejectmentwrit of executiondwelling attachmentRule 71(14)Supreme Court order
Tags
evictionexecutionchamber applicationurgent application
legislation
Statutes Cited
- Supreme Court Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether Rule 71(14) applies where no dwelling has been attached in execution","issue_type":"procedural","dispositive":"yes","related_facts":"Only writ of ejectment issued, no attachment of immovable property"}
- {"issue_text":"Whether High Court can suspend Supreme Court order during execution","issue_type":"procedural","dispositive":"no","related_facts":"Supreme Court eviction order being executed by Sheriff"}
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background
Facts of the Case
Background
The applicant sought to suspend his eviction from 12 LeRoux Drive, Hillside, Harare after losing a Supreme Court appeal. He brought an urgent chamber application under Rule 71(14) claiming the notice of removal was invalid and that eviction should be postponed pending a constitutional challenge by occupants.
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