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Harare High Court
Hospel Enterprises (Pvt) Ltd and Moses Mazhande v City Centre Properties and The Sheriff
HH 119-17
Case Details
Court
Harare High Court
Date
1 March 2017
Citation
HH 119-17
Neutral Citation
[2017] ZWHH 119
Outcome
unknown
Case Type
Urgent Application
Bench
Presiding
TAGU J
Full Bench
TAGU J
Areas of Law
Commercial LawArbitration LawProperty Law
Keywords
lease arrearsarbitral award registrationexecutionstay of executionurgent application
Tags
lease agreementarbitral awardexecutionstay of execution
legislation
Statutes Cited
- None cited
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the urgent chamber application complied with procedural requirements","issue_type":"procedural","dispositive":"no","related_facts":"Service was effected on legal practitioners rather than party directly"}
- {"issue_text":"Whether the matter was urgent","issue_type":"procedural","dispositive":"no","related_facts":"Ejectment scheduled for 8 February 2017, notice served 2 February 2017"}
- {"issue_text":"Whether execution should be stayed pending determination of applications challenging the arbitral award","issue_type":"mixed","dispositive":"yes","related_facts":"Two applications pending, execution notice served despite pending matters"}
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background
Facts of the Case
Background
The applicants, a company and its director, entered into a lease agreement with the first respondent. After accruing rental arrears, an arbitral award was granted against them. Despite two pending applications challenging the award and seeking stay of execution, the first respondent instructed the Sheriff to attach property and eject the applicants, prompting this urgent application for interim relief.
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