Discovery Foods (Pvt) Limited and Stanley Forward Madlazi v Hellen Makamure and Sheriff High Court of Zimbabwe

HH 114-23

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Case Details

Court

Harare High Court

Date

15 August 2022

Citation

HH 114-23

Neutral Citation

[2023] ZWHH 114

Outcome

unknown

Case Type

Urgent Application

Bench

Presiding

Manyangadze J

Full Bench

Manyangadze J

Areas of Law

Civil ProcedureCommercial LawDebt Recovery

Keywords

stay of executionurgencycondonationrescission of judgmentexecution

Key Issues

{"issue_text":"Whether the matter is urgent for purposes of urgent chamber application","issue_type":"procedural","dispositive":"yes","related_facts":"Execution commenced in April 2022, application only filed in August 2022"}
{"issue_text":"Whether the notice of opposition was fatally defective for lacking a proper affidavit","issue_type":"procedural","dispositive":"no","related_facts":"Affidavit commissioned by Notary Public in England"}

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background

Facts of the Case

Background

The applicants, who had purchased motor vehicles from the first respondent and owed US$197,000, sought an urgent stay of execution after the first respondent obtained a default judgment and commenced execution proceedings. The court found the application lacked urgency as the applicants had waited until execution was underway before approaching the court.

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