TONY WEST REAL ESTATE v VENENCIA MADAKE

HH 21/13

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Case Details

Court

Harare High Court

Date

28 November 2012

Citation

HH 21/13

Neutral Citation

[2013] ZWHH 21

Outcome

unknown

Case Type

Application

Bench

Presiding

HUNGWE J

Full Bench

HUNGWE J

Areas of Law

Property LawCivil Procedure

Keywords

leave to executepending appealejectmentlease breach

Key Issues

{"issue_text":"Whether leave to execute judgment pending appeal should be granted","issue_type":"procedural","dispositive":"yes","related_facts":"Respondent's appeal to Supreme Court, applicant's claim of no prospects of success"}
{"issue_text":"Whether the respondent's appeal has prospects of success","issue_type":"law","dispositive":"yes","related_facts":"Respondent's conduct in moving out, nature of breach"}
{"issue_text":"Whether proper service was effected on respondent","issue_type":"procedural","dispositive":"no","related_facts":"Lack of specific address on certificate of service"}

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background

Facts of the Case

Background

The applicant leased property to the respondent who was in breach of the lease agreement. The magistrate's court granted ejectment and arrear rentals. The respondent appealed to the High Court which dismissed the appeal, and then to the Supreme Court. The applicant sought leave to execute pending the Supreme Court appeal, arguing the appeal had no prospects of success and was a delay tactic.

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