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Harare High Court
THERESA JAIROSI versus JEFFRY LUCAS and DEPUTY SHERIFF, HARARE
HH 152-2013
Case Details
Court
Harare High Court
Date
1 February 2013
Citation
HH 152-2013
Neutral Citation
[2013] ZWHH 152
Outcome
unknown
Case Type
Urgent Application
Bench
Presiding
ZHOU J
Full Bench
ZHOU J
Areas of Law
Property LawCivil Procedure
Keywords
writ of ejectmentdefault judgmentstay of executionrescission of judgment
Tags
ejectmentstay of executionrescission of judgment
legislation
Statutes Cited
- Rules of the High Court, 1971
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether real and substantial justice demands that execution of the ejectment order be stayed pending the applicant's intended application for reinstatement of her rescission application.","issue_type":"mixed","dispositive":"yes","related_facts":"Dismissal of rescission for want of prosecution; lack of explanation for default; applicant's lack of knowledge of dismissal; applicant not contesting ownership."}
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background
Facts of the Case
Background
The first respondent, owner of a property, obtained a default judgment ejecting the applicant. The applicant's subsequent application for rescission of that judgment was dismissed for want of prosecution. The applicant then filed this urgent application to stay execution pending a planned application to reinstate the rescission application.
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