Stumbel Bloc Zimbabwe (Private) Limited v Mthabisi Ncube and The Sheriff of Zimbabwe N.O

HH 92-23

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Case Details

Court

Harare High Court

Date

8 February 2023

Citation

HH 92-23

Neutral Citation

[2023] ZWHH 92

Outcome

unknown

Case Type

Urgent Application

Bench

Presiding

TAGU J

Full Bench

TAGU J

Areas of Law

Civil procedureExecution of judgments

Keywords

Stay of executionJudicial attachmentWrit of executionSale in executionUrgent chamber application

Key Issues

{"issue_text":"Whether the urgent chamber application for stay of execution has merit given that the goods have already been sold","issue_type":"procedural","dispositive":"yes","related_facts":"Sale occurred at 1000hrs; application served at 1634hrs same day"}
{"issue_text":"Whether the matter is urgent","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant took no action until day of sale"}

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background

Facts of the Case

Background

The applicant sought a stay of execution of a High Court order and an interdict against the Sheriff from selling attached goods, but the application was filed on the same day the goods were already sold at auction, making the relief sought academic.

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