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Harare High Court
Into-Africa Hotels And Resorts (Private) Limited v National Handicraft Centre and Deputy Sheriff
HH 44-2012
Case Details
Court
Harare High Court
Date
7 February 2012
Citation
HH 44-2012
Neutral Citation
[2012] ZWHH 44
Outcome
unknown
Case Type
Urgent Application
Bench
Presiding
BHUNU J
Full Bench
BHUNU J
Areas of Law
Commercial LawProperty Law
Keywords
stay of executiondefault judgmentlease cancellationrental arrearsrescission
Tags
stay of executiondefault judgmentlease agreementrescission application
legislation
Statutes Cited
- (none – no statute or statutory provision is quoted or relied upon)
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether applicant is entitled to stay of execution pending rescission application","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant admits indebtedness, business not operational, no viable payment plan"}
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background
Facts of the Case
Background
The applicant, a restaurant operator, sought a stay of execution of a default judgment obtained by the first respondent cancelling their lease agreement and ordering eviction and payment of arrears. The applicant admitted owing rentals but claimed set-off for operational costs it had paid.
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