Jahseed Investments (Pvt) Ltd and Impromptu Investments and Garikayi Museke v Regcs Mining Syndicate and Garikai R. Chipwanyira and Elvis Shumba and Sheriff of the High Court, Gweru, N.O and Officer-in-Charge Kwekwe Central Police Station, N.O

HB 195.19

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Case Details

Court

Bulawayo High Court

Date

9 January 2020

Citation

HB 195.19

Neutral Citation

[2019] ZWHB 195

Outcome

unknown

Case Type

Urgent Application

Bench

Presiding

MABHIKWA J

Full Bench

MABHIKWA J

Areas of Law

Civil procedureExecution lawPractice direction

Keywords

Stay of executionProvisional orderUrgent chamber applicationPractice directionAppeal struck off roll

Key Issues

{"issue_text":"Whether there was bona fide urgency in the matter","issue_type":"procedural","dispositive":"yes","related_facts":"Applicants waited 5 months before filing urgent application"}
{"issue_text":"Whether there was a pending appeal before the Supreme Court","issue_type":"procedural","dispositive":"yes","related_facts":"Appeal was struck off roll on 25 March 2019"}
{"issue_text":"Whether the practice direction could be used to stay execution in other matters","issue_type":"law","dispositive":"yes","related_facts":"Practice direction gives 30-day reprieve for appeal rectification"}

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Facts of the Case

Background

Applicants sought urgent chamber application for stay of execution of provisional order obtained by respondents under case number HC 2974/18, claiming pending appeal at Supreme Court. Court found no genuine urgency and that applicants' appeal had been struck off roll, making their application without merit.

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