Dully Huni v George Pedzisai Fichani

HH 44-2013

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Case Details

Court

Harare High Court

Date

7 February 2013

Citation

HH 44-2013

Neutral Citation

[2013] ZWHH 44

Outcome

unknown

Case Type

Urgent Application

Bench

Presiding

Mathonsi J

Full Bench

Mathonsi J

Areas of Law

Mining lawContract lawCivil procedure

Keywords

Mining claimsAgreement cancellationStay of executionAppeal suspension

Key Issues

{"issue_text":"Whether applicant was entitled to a stay of execution of the magistrate's court order pending appeal","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant had noted an appeal; both parties had stopped mining activities"}

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background

Facts of the Case

Background

The parties entered into a written agreement in July 2009 to swap mining claims. The respondent later purported to cancel the agreement and reclaimed his mining blocks. The magistrates' court granted an order against the applicant, who then appealed to the High Court and filed an urgent application for stay of execution.

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