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Harare High Court

Hermysh Katsande and Francis Kapula and Tinashe Nigel Mashingaidze and Elijah Chikwanha and Admire Nyamande and Christopher Matinanga and Tinotenda Mapira v Sheriff of the High Court and Officer in Charge (Mabelreign Police Station) and RM Africa Property Consultants Private Limited and Hayes Construction Private Limited

HH 670-25

Case Details

Court
Harare High Court
Date
27 October 2025
Citation
HH 670-25
Neutral Citation
[2025] ZWHH 670
Outcome
unknown
Case Type
Urgent Application

Bench

Presiding
WAMBO J
Full Bench
WAMBO J
Areas of Law
Property LawCivil Procedure
Keywords
eviction orderurgencystay of executiondefault judgmentrescission
Tags
evictionurgent applicationstay of executionrescission of judgment
legislation
Statutes Cited
  • None cited
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Does the application meet the requirements of urgency?","issue_type":"procedural","dispositive":"yes","related_facts":"Notice served 17 June 2025, application brought in August 2025"}
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background
Facts of the Case

Background

The applicants sought a stay of execution pending rescission of a default judgment (HC7211/20) that ordered eviction of the second applicant from 31 stands. The other applicants claimed they owned the stands, not the second applicant, and only learned of the eviction on 10 August 2025. The respondents argued the matter lacked genuine urgency as notice of ejectment was served on 17 June 2025.
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