Francisca Mushaya v John Witikeni & Anor & Sheriff for Zimbabwe

HH 317-13

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Case Details

Court

Harare High Court

Date

24 September 2013

Citation

HH 317-13

Neutral Citation

[2013] ZWHH 317

Outcome

unknown

Case Type

Urgent Application

Bench

Presiding

MATHONSI J

Full Bench

MATHONSI J

Areas of Law

Property LawCivil Procedure

Keywords

Stay of executionRescission of judgmentDouble saleMaterial non-disclosureUrgent applicationEvictionSheriff's return

Key Issues

{"issue_text":"Whether the application is urgent given that execution has already occurred","issue_type":"procedural","dispositive":"yes","related_facts":"Eviction executed on 12 September 2013"}
{"issue_text":"Whether the applicant committed material non-disclosure by failing to mention eviction had occurred","issue_type":"procedural","dispositive":"yes","related_facts":"Application filed after eviction without disclosing this fact"}

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background

Facts of the Case

Background

The applicant sought a stay of execution of an eviction order, claiming she had purchased the same property from the second respondent and had been in occupation since 2008. However, the court found that eviction had already occurred on 12 September 2013, making the application moot, and that the applicant had failed to disclose this material fact.

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