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Harare High Court
CMED (Pvt) Limited v Samson Bande & 29 Others and Sheriff of Zimbabwe
HH 80-17
Case Details
Court
Harare High Court
Date
3 February 2017
Citation
HH 80-17
Neutral Citation
[2017] ZWHH 80
Outcome
unknown
Case Type
Urgent Application
Bench
Presiding
FOROMA J
Full Bench
FOROMA J
Areas of Law
Civil ProcedureExecution of Judgments
Keywords
Improper citationParty identificationWrit of executionArbitral award
Tags
ExecutionCitationParty identification
legislation
Statutes Cited
- High Court Rules, 1971
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the first respondent was properly cited as \"Samson Bande & 29 Others\"","issue_type":"procedural","dispositive":"yes","related_facts":"First respondent cited without identifying 29 others; no description in founding affidavit"}
- {"issue_text":"Whether the court could exercise jurisdiction over unidentified parties","issue_type":"procedural","dispositive":"yes","related_facts":"29 others not identified or served; no power of attorney for representation"}
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background
Facts of the Case
Background
The applicant sought to set aside a writ of execution issued pursuant to an arbitral award. The application was dismissed because the first respondent (Samson Bande & 29 Others) was improperly cited, as the 29 other individuals were not identified, making it impossible for the court to exercise jurisdiction or bind them by any judgment.
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