Z M TRANSPORT (PVT) LTD v SIMON WILLIE & 2 ORS

HB 80/19

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Case Details

Court

Bulawayo High Court

Date

30 May 2019

Citation

HB 80/19

Neutral Citation

[2019] ZWHB 80

Outcome

unknown

Case Type

Urgent Application

Bench

Presiding

MAKONESE J

Full Bench

MAKONESE J

Areas of Law

Civil ProcedureProperty Law

Keywords

UrgencyExecutionAttachmentAudi Alteram Partem

Key Issues

{"issue_text":"Whether the matter is urgent and should be heard on an urgent basis","issue_type":"procedural","dispositive":"yes","related_facts":"The delay in filing the application; the applicant's awareness of the ruling in August 2018; the filing date of 12 April 2019"}
{"issue_text":"Whether the applicant provided a plausible explanation for the delay in filing the application","issue_type":"fact","dispositive":"yes","related_facts":"The applicant's attempt to blame former legal practitioners; the lack of an affidavit from the former practitioners"}

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Facts of the Case

Background

The applicant sought to stay the execution of a judgment and the sale of its movable property (a trailer). The applicant claimed it only became aware of the judgment on 7 March 2019 and filed the urgent application on 12 April 2019, blaming its former legal practitioners for the delay. The court found the applicant had been aware of the adverse ruling since August 2018 and had not acted timeously.

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