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Harare High Court
UPPERCLASS ALARMS AND SECURITIES (PRIVATE) LIMITED and JEROME OKEKE v QUEEN OF KINGS ENTERPRISES (PRIVATE) LIMITED and DEPUTY SHERIFF and MESSENGER OF COURT
HH 136/2012
Case Details
Court
Harare High Court
Date
12 August 2011
Citation
HH 136/2012
Neutral Citation
[2012] ZWHH 136
Outcome
unknown
Case Type
Urgent Chamber Application
Bench
Presiding
CHITAKUNYE J
Full Bench
CHITAKUNYE J
Areas of Law
Civil ProcedureProperty LawAppeals
Keywords
ExecutionSuspension of orderNotice of appealPossessionLocksmith
Tags
Restoration of possessionExecution of judgmentAppeal
legislation
Statutes Cited
- N/A
ai analysis
Case Summary
Key Issues
- {"issue_text":"What is the effect of enforcing an order that is suspended by operation of law?","issue_type":"law","dispositive":"yes","related_facts":"Execution of order despite appeal"}
- {"issue_text":"Whether the respondents should restore possession to the applicants","issue_type":"mixed","dispositive":"yes","related_facts":"Restoration of possession, awareness of appeal"}
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background
Facts of the Case
Background
The first respondent obtained a final order against the second applicant in HC 7233/11, which included an order for the third respondent to restore possession of premises at 9 Nelson Mandela Way, Harare. The second applicant noted an appeal against this order (SC 177/11). Despite the appeal, the first respondent was restored to the premises. The applicants sought an order restoring them to the premises, arguing that the appeal suspended the operation of the order.
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