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Bulawayo High Court
Ngoni Mazango and Gary Robert Brown v Michael Strydom and Gregory Strydom and Sheriff of the High Court
HB 7-19
Case Details
Court
Bulawayo High Court
Date
24 January 2019
Citation
HB 7-19
Neutral Citation
[2019] ZWHB 7
Outcome
unknown
Case Type
Urgent Application
Bench
Presiding
Mabhikwa J
Full Bench
Mabhikwa J
Areas of Law
Property LawCivil Procedure
Keywords
sale in executioninterdicturgencySupreme Court appealreinstatement
Tags
sale in executioninterdicturgent application
legislation
Statutes Cited
- High Court Rules, 1971
- High Court Rules, 1971
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the applicants have satisfied the requirements for an urgent chamber application","issue_type":"procedural","dispositive":"yes","related_facts":"Application filed one day before sale, no actual appeal pending"}
- {"issue_text":"Whether the court has discretion to suspend an extant judgment","issue_type":"law","dispositive":"no","related_facts":"Judgment granted in 2012 remains extant"}
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background
Facts of the Case
Background
The applicants sought an urgent interdict to suspend a sale in execution of their property scheduled for 14 December 2018, pending reinstatement of an appeal in the Supreme Court. The application was filed on 13 December 2018, a day before the scheduled sale.
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