Noah Chumulambe v Raymond Ndebele and The Messenger of Court (N.O)

HH 189-18

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Case Details

Court

Harare High Court

Date

26 March 2018

Citation

HH 189-18

Neutral Citation

[2018] ZWHH 189

Outcome

unknown

Case Type

Urgent Application

Bench

Presiding

CHIKOWERO J

Full Bench

CHIKOWERO J

Areas of Law

Civil ProcedureExecution

Keywords

stay of executionurgencydefault judgmentrescission

Key Issues

{"issue_text":"Whether the application for stay of execution is urgent","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant waited 47 days after rescission dismissal before acting"}

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background

Facts of the Case

Background

The applicant sought an urgent stay of execution pending appeal against a magistrates court judgment. The court found the application was not urgent as the applicant had waited from 26 January 2018 to 14 March 2018 before taking action after his rescission application was dismissed in default.

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