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Harare High Court
Newton E Dongo v Amos Edington Matengambiri and The Sheriff of Zimbabwe (N.O.)
HH 551-17
Case Details
Court
Harare High Court
Date
30 August 2017
Citation
HH 551-17
Neutral Citation
[2017] ZWHH 551
Outcome
unknown
Case Type
Urgent Application
Bench
Presiding
CHAREWA J
Full Bench
CHAREWA J
Areas of Law
Civil ProcedureProperty LawUrgent Applications
Keywords
urgencywrit of executionevictiondefault judgmentabuse of court process
Tags
urgent applicationevictionwrit of executionrescission of judgment
legislation
Statutes Cited
- High Court Rules, 1971
- High Court Rules, 1971
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the application meets the requirements for urgency","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant's delay from June to August 2017, failure to seek stay when filing rescission"}
- {"issue_text":"Whether the application complies with Order 32 rule 241(1) regarding Form 29B","issue_type":"procedural","dispositive":"no","related_facts":"Form of application filed"}
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background
Facts of the Case
Background
The applicant sought an urgent chamber application to suspend execution of a writ obtained by the first respondent and to retain possession of Stand No. 17 Culverwell Road, Arcadia, Harare. The matter involved a long history of litigation between the parties concerning the property, with multiple previous applications and judgments.
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