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Bulawayo High Court
PALLEMATIC FREIGHT T/A LITTLE FUME AND WELSHMAN NCUBE v HON MAGISTRATE MAXWELL NCUBE AND CROSSMILL ENTERPRISES (PVT) LTD AND MESSENGER OF COURT
HB 175/23
Case Details
Court
Bulawayo High Court
Date
31 August 2023
Citation
HB 175/23
Neutral Citation
[2023] ZWHB 175
Outcome
unknown
Case Type
Urgent Application
Bench
Presiding
DUBE-BANDA J
Full Bench
DUBE-BANDA J
Areas of Law
Civil procedureExecution of judgmentsDoctrine of peremption
Keywords
PeremptionDefault judgmentStay of executionAcquiescenceAppeals
Tags
Stay of executionProvisional orderDefault judgment
legislation
Statutes Cited
- No statutes were explicitly cited in the judgment.
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the doctrine of peremption bars applicants from challenging default judgment after making payments","issue_type":"law","dispositive":"yes","related_facts":"Payment of judgment debt, pending appeals and review"}
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background
Facts of the Case
Background
Applicants sought provisional order for stay of execution of default judgment granted in favor of Crossmill Enterprises. Crossmill Enterprises obtained default judgment against applicants for cancellation of lease agreement, payment of arrears, and ejectment. Applicants filed appeals and review application but made payments toward the judgment debt.
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