Cuthbert Chiromo v Steady Munyanyi and The Sheriff of Zimbabwe

HH 836-18

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Case Details

Court

Harare High Court

Date

20 December 2018

Citation

HH 836-18

Neutral Citation

[2018] ZWHH 836

Outcome

unknown

Case Type

Urgent Application

Bench

Presiding

Manzunzu J

Full Bench

Manzunzu J

Areas of Law

Civil ProcedureExecution LawUrgent Applications

Keywords

ExecutionStay of executionUrgent applicationPoints in limineRule 241Form 29B

Key Issues

{"issue_text":"Whether the application complied with Rule 241 requirements for form","issue_type":"procedural","dispositive":"yes","related_facts":"Use of incorrect form for chamber application"}
{"issue_text":"Whether the relief sought was competent given no pending appeal","issue_type":"procedural","dispositive":"yes","related_facts":"Appeal had been dismissed, no appeal pending"}
{"issue_text":"Whether the application was urgent","issue_type":"procedural","dispositive":"yes","related_facts":"Delay in acting after receiving notice of appeal dismissal"}

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background

Facts of the Case

Background

The applicant sought to stay execution of a judgment obtained by the first respondent in case HC 5114/11. The applicant had filed an appeal (SC 458/17) which was dismissed by the Supreme Court Registrar in September 2018. When the first respondent issued a writ of execution in October 2018, the applicant brought an urgent application to stay execution pending the determination of the (non-existent) appeal.

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