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Harare High Court
Liberation Mining (Private) Limited v Adlecraft (Private) Limited and Offer Sivan
HH 483-21
Case Details
Court
Harare High Court
Date
15 September 2021
Citation
HH 483-21
Neutral Citation
[2021] ZWHH 483
Outcome
unknown
Case Type
Application
Bench
Presiding
Manzunzu J
Full Bench
Manzunzu J
Areas of Law
Civil ProcedureProperty Law
Keywords
Leave to executePending appealIrreparable harmProspects of success
Tags
Execution pending appealRei vindicatioMobile crushing plant
legislation
Statutes Cited
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ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether applicant has shown irreparable harm to justify leave to execute pending appeal","issue_type":"mixed","dispositive":"yes","related_facts":"Applicant claims machine is being used and depreciating; respondents deny use"}
- {"issue_text":"Whether respondents' appeal has prospects of success","issue_type":"law","dispositive":"yes","related_facts":"Four grounds of appeal challenge rei vindicatio requirements and court findings"}
- {"issue_text":"Whether court can assess prospects of success without the judgment","issue_type":"procedural","dispositive":"yes","related_facts":"No judgment availed despite requests"}
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background
Facts of the Case
Background
The applicant obtained a rei vindicatio order against the respondents for return of a Terex J1160 Mobile Crushing Plant. The respondents noted an appeal to the Supreme Court and the applicant sought leave to execute the order pending appeal, alleging irreparable harm.
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