Dorcas Makaza v Plaxedes Chikerema & Anor

HH 316-21

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Case Details

Court

Harare High Court

Date

24 June 2021

Citation

HH 316-21

Neutral Citation

[2021] ZWHH 316

Outcome

unknown

Case Type

Urgent Application

Bench

Presiding

Mafusire J

Full Bench

Mafusire J

Areas of Law

Civil ProcedureSuccession LawExecution of Judgments

Keywords

writ of executionjudgment revivalcurrency conversionpayment into courtattachment of property

Key Issues

{"issue_text":"Whether the judgment debt had been fully settled by payment into court","issue_type":"mixed","dispositive":"yes","related_facts":"Payment of ZWL45,000-00 on 21 January 2020; attempted execution for USD762,000-00"}
{"issue_text":"Whether a writ issued 20 years ago could still be validly executed","issue_type":"procedural","dispositive":"yes","related_facts":"Writ issued 8 February 2001; execution attempted April 2021"}
{"issue_text":"Whether the court should grant a stay of execution","issue_type":"procedural","dispositive":"yes","related_facts":"Attachment of property including cattle; urgency of matter"}

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background

Facts of the Case

Background

The applicant, executrix of Estate Late James Chikerema, sought to stay execution of a 20-year-old writ obtained by the first respondent, executrix of Estate Late Charles Chikerema. The original judgment debt of ZWD762,600 had been converted to USD22,317 and paid into court, but the first respondent attempted to execute for USD762,000.

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