Jamal Ahmed and Thatchfree Investments (Private) Ltd and Super Earth (Private) Ltd and Itchester Investments (Private) Ltd v Russel Goreraza and Grace Mugabe and Kennedy Fero

HH 402-17

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Case Details

Court

Harare High Court

Date

28 June 2017

Citation

HH 402-17

Neutral Citation

[2017] ZWHH 402

Outcome

unknown

Case Type

Urgent Application

Bench

Presiding

Chiweshe JP

Full Bench

Chiweshe JP

Areas of Law

Property LawCivil Procedure

Keywords

spoliation orderprovisional orderfinal orderrescissionRule 449

Key Issues

{"issue_text":"Whether the provisional order granted by Phiri J was in fact a final order","issue_type":"procedural","dispositive":"yes","related_facts":"Order granted in respondents' absence, order couched in final terms"}
{"issue_text":"Whether the court should rescind the order under Rule 449(1)(a)","issue_type":"procedural","dispositive":"yes","related_facts":"Order erroneously sought and granted in absence of affected parties"}

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background

Facts of the Case

Background

The applicants obtained a spoliation order against respondents on 21 December 2016 in their absence. The order required respondents to vacate three properties and authorized sheriff to evict them. Applicants initially treated it as provisional but later argued it was final. Respondents sought rescission arguing they were not served and had no opportunity to oppose.

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