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Harare High Court

Elizabeth Kwaramba v Real Estate Sense (Pvt) Ltd and Sheriff of Zimbabwe

HH 628-17

Case Details

Court
Harare High Court
Date
20 September 2017
Citation
HH 628-17
Neutral Citation
[2017] ZWHH 628
Outcome
unknown
Case Type
Urgent Application

Bench

Presiding
CHITAPI J
Full Bench
CHITAPI J
Areas of Law
Property LawCivil Procedure
Keywords
urgencyevictionstay of executionabuse of court processcertificate of urgency
Tags
urgent applicationevictionstay of executionabuse of process
legislation
Statutes Cited
  • High Court Rules
  • High Court Rules
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the application satisfies the requirements for urgency","issue_type":"procedural","dispositive":"yes","related_facts":"Delay in challenging eviction order since October 2016, failure to serve rule 449 application"}
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background
Facts of the Case

Background

The applicant, a medical doctor, sought an urgent stay of execution of an eviction order granted on 28 October 2016. She claimed the eviction would cause irreparable harm and that the property was fraudulently transferred. The court found the application was not urgent as she had waited since October 2016 to challenge the eviction order.
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