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Harare High Court

Tasangana Mining Syndicate v Wellington Zibwani & 5 Ors

HH 236-25

Case Details

Court
Harare High Court
Date
24 February 2025
Citation
HH 236-25
Neutral Citation
[2025] ZWHH 236
Outcome
unknown
Case Type
Urgent Application

Bench

Presiding
Takuva J
Full Bench
Takuva J
Areas of Law
Mining lawCivil procedureUrgent applications
Keywords
Stay of executionDefault judgmentRescission of judgmentUrgencyMining interdict
Tags
Mining disputesInterdictDefault judgmentStay of execution
legislation
Statutes Cited
  • European Convention on Human Rights 1950
  • Human Rights Act 1998
  • Supreme Court Act 1981
  • Access to Justice Act 1999
  • Legal Aid Act 1988
  • Criminal Justice Act 1988
  • Police and Criminal Evidence Act 1984
  • Immigration and Asylum Act 1999
  • Nationality, Immigration and Asylum Act 2002
  • Extradition Act 1989
  • Extradition Act 2003
  • Terrorism Act 2000
  • Anti-terrorism, Crime and Security Act 2001
  • Prevention of Terrorism Act 2005
  • Constitutional Reform Act 2005
  • Inquiries Act 2005
  • Tribunals, Courts and Enforcement Act 2007
  • Legal Services Act 2007
  • Legal Aid, Sentencing and Punishment of Offenders Act 2012
  • Courts and Legal Services Act 1990
  • Arbitration Act 1996
  • Civil Procedure Rules 1998
  • Family Procedure Rules 2010
  • Criminal Procedure Rules 2015
  • Senior Courts Act 1981
  • County Courts Act 1984
  • Magistrates' Courts Act 1980
  • Crown Court (Advance Notice of Expert Evidence) Rules 1987
  • Criminal Appeal Act 1968
  • Criminal Appeal Act 1995
  • Prosecution of Offences Act 1985
  • Prosecution of Offences Act 1985
  • Prosecution of Offences Act 1985
  • Prosecution of Offences Act 1985
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the application is urgent","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant aware 20 July, filed 2 August"}
  • {"issue_text":"Whether the matter has been overtaken by events","issue_type":"procedural","dispositive":"yes","related_facts":"Judgment executed, applicant evicted"}
This summary was generated by AI. Use Zalari to read the full judgment.
background
Facts of the Case

Background

The applicant sought a stay of execution of a default judgment obtained by the first respondent under case HCH 3126/23 on 4 July 2024. The applicant became aware of the judgment on 20 July 2024 but only filed the urgent application on 2 August 2024. By the time of hearing, the judgment had already been executed and the applicant evicted.
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