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Harare High Court
FEDELIS MHASHU v WELLINGTON ASANI and ALRED MAMVURA and THE DEPUTY SHERIFF
HH 72-2013
Case Details
Court
Harare High Court
Date
7 March 2013
Citation
HH 72-2013
Neutral Citation
[2013] ZWHH 72
Outcome
unknown
Case Type
Urgent Application
Bench
Presiding
MATHONSI J
Full Bench
MATHONSI J
Areas of Law
Civil ProcedureDelictHigh Court Rules
Keywords
consent orderrescissionexecutionattachmentroad accidentdamagesmaterial non-disclosureabuse of process
Tags
urgent chamber applicationconsent judgmentrescission of judgmentexecution stayroad accident damages
legislation
Statutes Cited
- High Court Rules, 1971
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the applicant is entitled to a stay of execution pending rescission application","issue_type":"procedural","dispositive":"yes","related_facts":"Consent judgment entered, property attached, application filed at last minute"}
- {"issue_text":"Whether the application complies with Rule 247(1) of High Court Rules","issue_type":"procedural","dispositive":"no","related_facts":"Draft provisional order not in Form 29C"}
- {"issue_text":"Whether the application is tainted by material non-disclosure","issue_type":"procedural","dispositive":"yes","related_facts":"Failure to disclose ongoing representation, negotiation history"}
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background
Facts of the Case
Background
The applicant sought a stay of execution of a consent judgment for road accident damages, claiming his former lawyers had acted without authority in consenting to judgment. The court found material non-disclosure and dismissed the application as an abuse of process.
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