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Supreme Court
Frank Humbe v Desmond Muchina & 4 Ors
SC 81/21
Case Details
Court
Supreme Court
Date
1 July 2021
Citation
SC 81/21
Neutral Citation
[2021] ZWSC 81
Outcome
unknown
Case Type
Appeal
Bench
Presiding
MATHONSI JA
Full Bench
BHUNU JAMATHONSI JAKUDYA AJA
Areas of Law
Property lawCivil procedureExecution of judgments
Keywords
Stay of executionWrit of executionInterpleaderRes judicataReal rightsPersonal rightsPignus judiciale
Tags
Stay of executionProperty attachmentInterpleader proceedingsReal rightsPersonal rights
legislation
Statutes Cited
- Deeds Registries Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the court a quo erred in dismissing the application for stay of execution","issue_type":"procedural","dispositive":"yes","related_facts":"Appellant failed to prove prima facie right; house declared executable in prior judgment"}
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background
Facts of the Case
Background
The appellant brought an urgent chamber application for a stay of execution of a judgment obtained by the first respondent against the second and third respondents. The application related to a house that the appellant claimed to have purchased from the third and fifth respondents, but which had been attached in execution of the first respondent's judgment.
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