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Bulawayo High Court
Busiso Mtunzi and Sihle Mtunzi versus Siphathisiwe Muchiyani Mudawini and Henry Muchiyani and Patricia Darangwa N.O and Master of the High Court N.O
HB 51/23
Case Details
Court
Bulawayo High Court
Date
30 March 2023
Citation
HB 51/23
Neutral Citation
[2023] ZWHB 51
Outcome
unknown
Case Type
Opposed Application
Bench
Presiding
MAKONESE J
Full Bench
MAKONESE J
Areas of Law
Civil procedureProperty lawExecution of judgments
Keywords
Leave to execute pending appealEjectment orderFrivolous and vexatious appealProperty ownership
Tags
EjectmentExecution pending appealProperty dispute
legislation
Statutes Cited
- UNKNOWN
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether leave to execute pending appeal should be granted","issue_type":"procedural","dispositive":"yes","related_facts":"Appeal filed by respondents, applicants' title to property, respondents' residence at property"}
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background
Facts of the Case
Background
Applicants obtained judgment for ejectment of respondents from property at 11 Seymour Road, Montgomery, Bulawayo. Respondents filed appeal (SCB 77-22), and applicants now seek leave to execute the ejectment order pending the appeal.
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