PETER GORE versus TONY ZANG GANGHONG and THE DEPUTY SHERIFF (KWEKWE)

HH 325-12

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Case Details

Court

Harare High Court

Date

17 August 2012

Citation

HH 325-12

Neutral Citation

[2012] ZWHH 325

Outcome

unknown

Case Type

Urgent Application

Bench

Presiding

DUBE J

Full Bench

DUBE J

Areas of Law

Civil ProcedureContract LawExecution of Judgments

Keywords

stay of executiondefault judgmentrescission of judgmentcredit sale agreementcontract breachurgent application

Key Issues

{"issue_text":"Whether applicant has shown special circumstances justifying stay of execution","issue_type":"procedural","dispositive":"yes","related_facts":"Default judgment granted, rescission application pending"}
{"issue_text":"Whether applicant has prospects of success in rescission application","issue_type":"mixed","dispositive":"yes","related_facts":"Notice to plead service, warranty coverage, alleged defects"}
{"issue_text":"Whether applicant would suffer irreparable harm if execution proceeds","issue_type":"law","dispositive":"yes","related_facts":"Judgment sounds in money, potential for damages"}

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background

Facts of the Case

Background

Applicant Peter Gore entered into a credit sale agreement with respondent Tony Zang Ganghong for the purchase of a bakery in Kwekwe for US$35,000. After failing to pay the balance of US$18,000, default judgment was granted against him. He now seeks stay of execution pending his application for rescission of that default judgment.

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