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Harare High Court

Aretha Manase v Anex Investments (Private) Limited and The Sheriff of Zimbabwe N.O.

HH 764-22

Case Details

Court
Harare High Court
Date
24 November 2022
Citation
HH 764-22
Neutral Citation
[2022] ZWHH 764
Outcome
unknown
Case Type
Urgent Application

Bench

Presiding
TAGU J
Full Bench
TAGU J
Areas of Law
Property LawCivil Procedure
Keywords
evictionstay of executiondefault judgmentservice of processlease agreementforeign currency
Tags
evictionlease agreementstay of executionrescission application
legislation
Statutes Cited
  • No statutes were cited in the ratio decidendi.
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether execution should be stayed pending determination of rescission application","issue_type":"procedural","dispositive":"yes","related_facts":"Default judgment granted, rescission application pending, improper service"}
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background
Facts of the Case

Background

The applicant sought a stay of execution of a writ of execution issued following a default judgment for her eviction. The summons had been served by affixing at an address where she no longer resided, despite the respondent knowing her current address. The applicant had filed a rescission application which was pending.
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