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Harare High Court

Nigel M Bailey v FlemFlora (Pvt) Ltd and The Sheriff of Zimbabwe

HH 730-17

Case Details

Court
Harare High Court
Date
2 November 2017
Citation
HH 730-17
Neutral Citation
[2017] ZWHH 730
Outcome
unknown
Case Type
Urgent Application

Bench

Presiding
Dube J
Full Bench
Dube J
Areas of Law
Property LawCivil Procedure
Keywords
vacant possessionlease terminationdefault judgmentstay of executionrescission
Tags
lease agreementvacant possessionstay of executionrescission of judgment
legislation
Statutes Cited
  • None
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether applicant gave vacant possession when he vacated the farm","issue_type":"mixed","dispositive":"yes","related_facts":"Applicant vacated but employees remained in staff quarters"}
  • {"issue_text":"Whether stay of execution should be granted pending rescission application","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant seeks stay of default judgment execution"}
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background
Facts of the Case

Background

The applicant leased FlemFlora Farm from the first respondent. He vacated the premises in March 2015 but left employees occupying staff quarters. Default judgment was later granted against him for $77,000 in arrear rentals. He seeks stay of execution pending rescission, claiming he owes nothing and was not properly served.
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