Godfrey Nyabvure v Bromine Capital Solutions (Pvt) Ltd and The Messenger of Court Chinhoyi

HCC 81/24 HCC 144/24

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Case Details

Court

Chinhoyi High Court

Date

21 October 2024

Citation

HCC 81/24 HCC 144/24

Neutral Citation

[2024] ZWHCC 81

Judgment No.

HCC 81/24

Outcome

unknown

Case Type

Urgent Application

Bench

Presiding

Bachi Mzawazi J

Full Bench

Bachi Mzawazi J

Areas of Law

Property LawCivil Procedure

Keywords

Spoliation orderWrit of executionMessenger of courtUnlawful evictionDue process

Key Issues

{"issue_text":"Whether the certificate of urgency was fatally defective for lacking a date","issue_type":"procedural","dispositive":"no","related_facts":"Certificate of urgency was not dated"}
{"issue_text":"Whether the actions of the 1st and 2nd respondents in executing the court order without a writ were lawful","issue_type":"procedural","dispositive":"yes","related_facts":"Execution occurred without writ of execution"}
{"issue_text":"Whether a declaratory order of final nature can be granted through urgent chamber application","issue_type":"procedural","dispositive":"no","related_facts":"Applicant sought final declaratory relief"}

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Facts of the Case

Background

The applicant and 1st respondent have been engaged in prolonged litigation over Stand 13586 Glasgow Road, Industrial Site, Chinhoyi. After the 1st respondent obtained a spoliation order from the Magistrates Court, it instructed the Messenger of Court to execute the order through a letter dated 8 October 2024, without obtaining a writ of execution. The Messenger evicted the applicant's tenants within 24 hours and locked the premises. The applicant brought this urgent application challenging the lawfulness of the execution process.

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