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Harare High Court
The Church of the Province of Central Africa v Diocesan Trustees for the Diocese of Harare and The Sheriff for Zimbabwe
HH 206-11
Case Details
Court
Harare High Court
Date
23 September 2011
Citation
HH 206-11
Neutral Citation
[2011] ZWHH 206
Outcome
unknown
Case Type
Urgent Application
Bench
Presiding
Uchena J
Full Bench
Uchena J
Areas of Law
Civil ProcedureConstitutional LawHierarchy of Courts
Keywords
stay of executionjurisdictionSupreme Court orderhierarchy of courtsjudicial precedent
Tags
ecclesiastical propertychurch disputesexecution pending appeal
legislation
Statutes Cited
- Constitution of Zimbabwe
- Constitution of Zimbabwe
- Constitution of Zimbabwe
ai analysis
Case Summary
Key Issues
- {"issue_text":"Does the High Court have jurisdiction to stay execution of its own order when the Supreme Court has ordered that execution should proceed pending appeal?","issue_type":"procedural","dispositive":"yes","related_facts":"Supreme Court reinstated appeal but ordered execution to proceed"}
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background
Facts of the Case
Background
The applicant sought a stay of execution of an order granted by Hlatshwayo J in HC 4327/08. The applicant had appealed to the Supreme Court, which dismissed the appeal for non-compliance with rules, then reinstated it but ordered that execution should not be suspended pending the appeal. The applicant then approached the High Court seeking to stay execution despite the Supreme Court's clear order.
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