Lawrence Phiri v Chikumbirike & Associates and Deputy Sheriff

HH 291-13

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Case Details

Court

Harare High Court

Date

10 September 2013

Citation

HH 291-13

Neutral Citation

[2013] ZWHH 291

Outcome

unknown

Case Type

Urgent Application

Bench

Presiding

Mathonsi J

Full Bench

Mathonsi J

Areas of Law

Civil ProcedureDebt Collection

Keywords

summary judgmentdefault judgmentrescissionstay of executionurgency

Key Issues

{"issue_text":"Whether the application for stay of execution should be treated as urgent","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant's 2-month delay; service on son; applicant's absence"}

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background

Facts of the Case

Background

The applicant, a law officer at the Attorney General's Office, sought a provisional order for stay of execution of a default judgment granted against him on 1 July 2013 for payment of legal fees of US$20,881.67. He claimed he only became aware of the judgment when a writ of execution was served on 2 September 2013, despite having been served with the notice of set down through his son on 24 June 2013.

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