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Bulawayo High Court
Parkham Enterprises (Pvt) Ltd v Roofcover Properties (Pvt) Limited & 2 Ors
HB 171/21
Case Details
Court
Bulawayo High Court
Date
13 September 2021
Citation
HB 171/21
Neutral Citation
[2021] ZWHB 171
Outcome
unknown
Case Type
Urgent Application
Bench
Presiding
KABASA J
Full Bench
KABASA J
Areas of Law
Property LawCivil Procedure
Keywords
evictionleaseexecutionappealurgencyprovisional order
Tags
urgent chamber applicationevictionlease agreementexecution of judgment
legislation
Statutes Cited
- High Court Rules, 2021
- High Court Rules, 2021
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the urgent chamber application meets the requirements of urgency","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant's delay in acting after notice of re-eviction; self-help restoration to premises"}
- {"issue_text":"Whether the interim relief sought is competent as a provisional order","issue_type":"procedural","dispositive":"yes","related_facts":"The relief seeks final restoration to premises; prima facie proof standard"}
- {"issue_text":"Whether the applicant approached the court with clean hands","issue_type":"procedural","dispositive":"no","related_facts":"Applicant restored itself to premises through self-help in defiance of court order"}
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background
Facts of the Case
Background
The applicant, a tenant at No. 1A Dunlop Road, Belmont, Bulawayo, sought urgent interim relief to regain control of the premises after being evicted pursuant to a magistrates court judgment. The eviction was executed despite a pending appeal. The applicant had previously been placed under provisional judicial management and had defied an earlier eviction order by forcing its way back into the premises.
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