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Harare High Court
Norwich Trading (Pvt) Ltd v Astrodorne Enterprises (Pvt) Ltd
HH 716-22
Case Details
Court
Harare High Court
Date
14 October 2022
Citation
HH 716-22
Neutral Citation
[2022] ZWHH 716
Outcome
unknown
Case Type
Urgent Application
Bench
Presiding
Chinamora J
Full Bench
Chinamora J
Areas of Law
Property LawCivil Procedure
Keywords
Mandament van spolieLeave to execute pending appealSpoliation orderAppeal suspension
Tags
SpoliationLeave to executePending appeal
legislation
Statutes Cited
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ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether leave to execute judgment pending appeal should be granted","issue_type":"procedural","dispositive":"yes","related_facts":"Spoliation order granted 9 April 2021, appeal lodged SC 80/21"}
- {"issue_text":"Whether the applicant would suffer irreparable harm if leave is not granted","issue_type":"mixed","dispositive":"no","related_facts":"Applicant awarded holding over damages, not in occupation"}
- {"issue_text":"Whether the respondent has prospects of success on appeal","issue_type":"law","dispositive":"yes","related_facts":"Dispute over whether applicant proved peaceful possession and dispossession"}
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background
Facts of the Case
Background
The applicant sought leave to execute a spoliation order granted on 9 April 2021 under HC 912/21, pending determination of the respondent's appeal to the Supreme Court under SC 80/21. The applicant claimed to be the registered owner of No 750 Gaydon Road, Greystone Park Harare, and alleged the respondent had forcibly taken possession. The respondent opposed, claiming it purchased the property lawfully in March 2019 and took peaceful possession.
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