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Harare High Court

TOYIN TRAILERS (PTY) LTD v GELCOLE LOGISTICS (PVT) LTD and THE SHERIFF FOR ZIMBABWE, HARARE N.O

HH 777-22

Case Details

Court
Harare High Court
Date
2 November 2022
Citation
HH 777-22
Neutral Citation
[2022] ZWHH 777
Outcome
unknown
Case Type
Urgent Application

Bench

Presiding
TAGU J
Full Bench
TAGU J
Areas of Law
Civil ProcedureInternational LawCompany Law
Keywords
peregrine defendantdefault judgmentrescissionattachment of propertyjurisdiction
Tags
urgent chamber applicationstay of executionattachment to found jurisdictionex parte application
legislation
Statutes Cited
  • High Court Rules, 2021
  • High Court Rules, 2021
  • High Court Rules, 2021
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the applicant has standing to challenge the attachment order when it admits the property belongs to Toyin Trailers Mozambique","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant admitted property ownership by third party"}
  • {"issue_text":"Whether the relief sought (stay of execution) is competent when execution has already taken place","issue_type":"procedural","dispositive":"yes","related_facts":"Execution occurred on 8 October 2022"}
  • {"issue_text":"Whether a peregrinus applicant must pay security for costs","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant is a South African company"}
  • {"issue_text":"Whether the ex parte attachment order was properly granted","issue_type":"law","dispositive":"no","related_facts":"Attachment to found jurisdiction based on risk of absconding"}
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background
Facts of the Case

Background

The first respondent obtained an ex parte attachment order to found jurisdiction against the applicant, a South African company, on the basis that it was a peregrinus defendant likely to abscond. The applicant, who did not own the attached trucks belonging to its Mozambican entity, sought a stay of execution pending rescission. The court found the applicant had no cause of action as it admitted the property was not its own and failed to show authorization from the true owner.
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