MOSES NHACHI versus MOSSWOOD INVESTMENT (PRIVATE) LIMITED and SHERIFF OF THE HIGH COURT

LC/H/93/23

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Case Details

Court

Harare High Court

Date

7 September 2022

Citation

LC/H/93/23

Neutral Citation

None

Outcome

unknown

Case Type

Urgent Chamber Application

Bench

Presiding

FOROMA J

Full Bench

FOROMA J

Areas of Law

Civil ProcedureConstitutional LawProperty Law

Keywords

Default judgmentStay of executionRescission of judgmentEjectmentConstitutional requirements

Key Issues

{"issue_text":"Whether applicant was entitled to stay of execution pending determination of rescission application","issue_type":"procedural","dispositive":"yes","related_facts":"Default judgment granted while applicant was away, rescission application filed, first respondent persisting with execution"}
{"issue_text":"Whether the urgent chamber application complied with procedural requirements","issue_type":"procedural","dispositive":"no","related_facts":"First respondent's objections under Rule 60(11), need for provisional order"}
{"issue_text":"Whether applicant had bright prospects of success in rescission application","issue_type":"mixed","dispositive":"partial","related_facts":"Applicant's absence due to medical treatment, non-willful default, constitutional violations"}

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Facts of the Case

Background

Applicant Moses Nachi seeks stay of execution of a default judgment obtained against him by first respondent Mosswood Investment in HC 6085/21 for ejectment from property in Harare. The default judgment was granted on 2 June 2022 when applicant was away in South Africa for medical treatment. Applicant filed for rescission of the default judgment on 4 July 2022 and now seeks to stay execution pending determination of that rescission application.

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