Michael Kutsoko and Antrobus Enterprises (Pvt) Ltd v Samuel Huchu and Sheriff of the High Court

HH 726-17

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Case Details

Court

Harare High Court

Date

30 October 2017

Citation

HH 726-17

Neutral Citation

[2017] ZWHH 726

Outcome

unknown

Case Type

Urgent Application

Bench

Presiding

ZHOU J

Full Bench

ZHOU J

Areas of Law

Civil ProcedureProperty LawExecution of Judgments

Keywords

stay of executiondefault judgmentwrit of executionattachmentrescission of judgmenturgency

Key Issues

{"issue_text":"Whether the application for stay of execution is urgent","issue_type":"procedural","dispositive":"no","related_facts":"Delay in bringing application, awareness of attachment"}
{"issue_text":"Whether the applicants have shown that real and substantial justice demands stay of execution","issue_type":"mixed","dispositive":"yes","related_facts":"Existence of appearance to defend, pending rescission application"}

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background

Facts of the Case

Background

The applicants sought a stay of execution of a default judgment granted against them on 28 May 2014. The first respondent obtained the judgment for US$20,401 and began execution proceedings in 2016. The applicants claimed they only became aware of the judgment when the Sheriff attempted to attach their movable property on 14 June 2017, and subsequently their immovable property on 25 September 2017. They had filed an application for rescission of the judgment on 30 June 2017.

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