Lifebrand Agriculture and Ngoni Mnangagwa v Millicent Tendai Muganyi and The Sheriff of High Court

HH 499-18

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Case Details

Court

Harare High Court

Date

22 August 2018

Citation

HH 499-18

Neutral Citation

[2018] ZWHH 499

Outcome

unknown

Case Type

Urgent Application

Bench

Presiding

CHITAPI J

Full Bench

CHITAPI J

Areas of Law

Property LawCivil Procedure

Keywords

interdictstay of executiondefault judgmentlease cancellationeviction order

Key Issues

{"issue_text":"Whether the court should grant a permanent stay of execution of a default judgment without an application for rescission","issue_type":"procedural","dispositive":"yes","related_facts":"Default judgment granted, no rescission application filed"}
{"issue_text":"Whether the applicants' claim that appearance to defend was entered but not served justified staying execution","issue_type":"procedural","dispositive":"no","related_facts":"Appearance allegedly entered, service not effected"}

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background

Facts of the Case

Background

The applicants sought an interdict to stay execution of a default judgment granted against them for eviction and cancellation of a lease agreement. They claimed the judgment was erroneously granted as they had entered appearance to defend, but failed to seek rescission of the judgment.

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