Marlvin Ziruma v Janita Chomupengo and Messenger of Court Masvingo

HMA 36-21

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Case Details

Court

Masvingo High Court

Date

21 June 2021

Citation

HMA 36-21

Neutral Citation

[2021] ZWHMA 36

Outcome

unknown

Case Type

Appeal

Bench

Presiding

ZISENGWE J

Full Bench

ZISENGWE JWAMAMBO J

Areas of Law

Civil procedureExecution of judgmentsProperty law

Keywords

InterdictExecutionCattle attachmentWarrant of executionAd factum praestandumAd pecuniam solvendam

Key Issues

{"issue_text":"Whether a judgment creditor can execute against property for non-compliance with an order ad factum praestandum by assigning monetary values to the goods to be delivered","issue_type":"law","dispositive":"yes","related_facts":"Original judgment required delivery of specific goods; second warrant assigned monetary values; cattle were attached"}

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background

Facts of the Case

Background

The appellant appealed against the Magistrates Court's refusal to grant an interdict preventing the Messenger of Court from attaching his 14 head of cattle. The attachment was purportedly in execution of a judgment from Chief Shumba's court that had been upheld by the Magistrates Court, ordering return of household goods or compensation of 4 cattle. The Messenger attached 14 cattle based on a second warrant that assigned monetary values to the goods.

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