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Harare High Court
Nolbert Kunonga and Beaven Michael Gundu v Church of the Province of Central Africa and The Sheriff of Zimbabwe
HH 786-17
Case Details
Court
Harare High Court
Date
4 May 2017
Citation
HH 786-17
Neutral Citation
[2017] ZWHH 786
Outcome
unknown
Case Type
Urgent Application
Bench
Presiding
Mwayera J
Full Bench
Mwayera J
Areas of Law
Civil ProcedureProperty LawConstitutional Law
Keywords
Stay of executionUrgent chamber applicationJudicial appointmentSupreme Court judgmentExecution of judgment
Tags
Stay of executionUrgent applicationJudicial appointment challenge
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ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the applicants have established urgency for their stay of execution application","issue_type":"procedural","dispositive":"yes","related_facts":"Applicants waited until execution was set in motion"}
- {"issue_text":"Whether this court can stay execution of a Supreme Court judgment based on challenge to judicial appointment","issue_type":"procedural","dispositive":"yes","related_facts":"Applicants not party to constitutional challenge CCZ 09/17"}
- {"issue_text":"Whether the Supreme Court judgment is a nullity due to Justice Ziyambi's appointment","issue_type":"constitutional","dispositive":"no","related_facts":"Justice Ziyambi retired at 70 in 2016"}
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background
Facts of the Case
Background
The applicants sought an urgent stay of execution of a Supreme Court judgment (SC 645/15) that dismissed their appeal against a High Court order (HC 2539/14). They argued the Supreme Court judgment was a nullity because Justice Ziyambi, who participated in the appeal, was improperly appointed as she had retired at age 70 in 2016. The applicants were not parties to the constitutional challenge (CCZ 09/17) regarding Justice Ziyambi's appointment.
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