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Harare High Court

Gerald Jailed Mujaji and Sithandazile Mujaji v Claudios Nhemwa and Sheriff of the High Court

HH 116-25

Case Details

Court
Harare High Court
Date
26 February 2025
Citation
HH 116-25
Neutral Citation
[2025] ZWHH 116
Outcome
unknown
Case Type
Urgent Application

Bench

Presiding
Wamambo J
Full Bench
Wamambo J
Areas of Law
Civil ProcedureProperty LawExecution
Keywords
writ of executionstay of executionurgencydeed of settlementattachment
Tags
executionstay of executionurgencydeed of settlement
legislation
Statutes Cited
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ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the applicants have established urgency for their application for stay of execution","issue_type":"procedural","dispositive":"yes","related_facts":"Application filed two days after attachment; long history of litigation; previous attempts at settlement"}
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background
Facts of the Case

Background

The applicants sought an urgent chamber application for a stay of execution of a 2016 judgment (HH 689-16) whereby the first respondent had obtained a writ of execution to attach their property. The applicants claimed they had already paid the judgment debt and that the matter was urgent as their property was under attachment.
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