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Masvingo High Court
Perera Magarita v Jotina Munyuki and Director of Housing, City of Masvingo and Messenger of Court, Masvingo
HMA 44-18
Case Details
Court
Masvingo High Court
Date
18 September 2018
Citation
HMA 44-18
Neutral Citation
[2018] ZWHMA 44
Outcome
unknown
Case Type
Urgent Application
Bench
Presiding
Mafusire J
Full Bench
Mafusire J
Areas of Law
Property LawCivil Procedure
Keywords
EvictionInterdictStay of executionProperty ownershipDefault judgmentRescission
Tags
Property disputeEvictionInterdictStay of execution
legislation
Statutes Cited
- Magistrates Court Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the urgent application for stay of execution should be granted","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant in occupation since 2012, default judgment granted 13 June 2018, rescission application pending"}
- {"issue_text":"Whether the application meets requirements for interim interdict","issue_type":"mixed","dispositive":"yes","related_facts":"Prima facie right, irreparable harm, balance of convenience"}
- {"issue_text":"Whether the application is urgent","issue_type":"procedural","dispositive":"no","related_facts":"Delay in filing, warrant issued 21 June 2018"}
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background
Facts of the Case
Background
The applicant and first respondent both claim ownership of Stand 10648 Tafadzwa Muzvanya Street, Runyararo, Masvingo. After years of litigation, a default judgment was granted against the applicant on 13 June 2018 ordering his eviction. The applicant filed for rescission of judgment on 20 June 2018 and urgently applied for a stay of execution on 25 June 2018.
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