Francis Munetsi Katsande v The Sheriff and Welt Huinger Hilfe and Taurai Manyanga

HH 424-17

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Case Details

Court

Harare High Court

Date

5 July 2017

Citation

HH 424-17

Neutral Citation

[2017] ZWHH 424

Outcome

unknown

Case Type

Application

Bench

Presiding

CHATUKUTA J

Full Bench

CHATUKUTA J

Areas of Law

Civil ProcedureExecutionAppeals

Keywords

writ of executionstay of executionproperty attachmentappeal reinstatementexecution process

Key Issues

{"issue_text":"Whether a stay of execution order requires the Sheriff to return property already lawfully attached and removed under a valid writ of execution","issue_type":"law","dispositive":"yes","related_facts":"Property was attached after appeal lapsed; Supreme Court reinstated appeal and stayed execution but did not order return of property"}

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background

Facts of the Case

Background

The applicant, a legal practitioner, sought the return of property seized by the Sheriff during execution of a costs order. The seizure occurred after his appeal to the Supreme Court had lapsed, but before he successfully obtained reinstatement of that appeal and a stay of execution.

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