NU-AERO (PRIVATE) LIMITED t/a FLY AFRICA ZIMBABWE and CASSIDY MUGWAGWA v DETECT INVESTMENTS (PRIVATE) LIMITED and THE SHERIFF FOR ZIMBABWE and THE REGISTRAR OF THE HIGH COURT

HH 681-17

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Case Details

Court

Harare High Court

Date

5 October 2017

Citation

HH 681-17

Neutral Citation

[2017] ZWHH 681

Outcome

unknown

Case Type

Urgent Application

Bench

Presiding

CHITAKUNYE J

Full Bench

CHITAKUNYE J

Areas of Law

Civil ProcedureCommercial Law

Keywords

Stay of executionProvisional orderUrgent chamber applicationAd factum praestandumWrit of execution

Key Issues

{"issue_text":"Whether the court should grant a stay of execution pending determination of rescission application","issue_type":"procedural","dispositive":"yes","related_facts":"Provisional order obtained without proper service; rescission application pending"}
{"issue_text":"Whether the writ of execution issued was competent","issue_type":"law","dispositive":"no","related_facts":"Order was ad factum praestandum; no service before writ issued"}

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background

Facts of the Case

Background

The applicants sought a stay of execution of a provisional order obtained by the first respondent, alleging improper procedure. The first respondent had initially filed an urgent chamber application which was deemed not urgent by a judge, but then proceeded to enrol it on the unopposed roll and obtained a default provisional order without proper service on the applicants.

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