Ishmael Phiri v FBC Bank Limited and Deputy Sheriff of Zimbabwe

HH 138-10

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Case Details

Court

Harare High Court

Date

6 July 2010

Citation

HH 138-10

Neutral Citation

[2010] ZWHH 138

Outcome

unknown

Case Type

Urgent Application

Bench

Presiding

MUSAKWA J

Full Bench

MUSAKWA J

Areas of Law

Commercial LawCivil Procedure

Keywords

stay of executionconsent orderurgencyattachment of propertywrit of execution

Key Issues

{"issue_text":"Whether the application for stay of execution is urgent","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant waited five months after consent order; warned of attachment; filed urgent application only after attachment"}
{"issue_text":"Whether the court should stay proceedings pending payment of taxed costs under s 52 of High Court Act","issue_type":"procedural","dispositive":"no","related_facts":"First respondent argued applicant must pay US$2,161.32 taxed costs before stay granted"}

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background

Facts of the Case

Background

Applicant sought stay of execution after attachment of his property under a consent order for US$7,122.96 plus interest. He claimed to have paid US$2,500 before the consent order and argued the writ claimed wrong capital amount and compounded interest incorrectly. Court found no urgency as applicant had five months' warning but failed to act.

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