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Harare High Court

GREENWOOD ENTERPRISES T/A COST TIMBERS versus GARAI MANZUNZU and PETER MUTUME and LUKE TSAMBA and REBECCA CHITATE and ELTON MADERA and DIWANI WDZERAI and THE SHERRIFF N.O and GLADNESS TARIRO MAJUTA and COST BENEFIT ENTERPISES

HH 150-18

Case Details

Court
Harare High Court
Date
14 February 2018
Citation
HH 150-18
Neutral Citation
[2018] ZWHH 150
Outcome
unknown
Case Type
Urgent Application

Bench

Presiding
TSANGA J
Full Bench
TSANGA J
Areas of Law
Civil ProcedureProperty LawExecution Law
Keywords
Sale in executionProperty attachmentInterpleader proceedingsCondonation applicationCorporate veil
Tags
ExecutionAttachmentInterpleaderCondonation
legislation
Statutes Cited
  • NONE
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the court should grant stay of execution pending Supreme Court condonation hearing","issue_type":"procedural","dispositive":"yes","related_facts":"Abandoned appeal, failure to file heads of argument, multiple competing claims"}
  • {"issue_text":"Whether there are prospects of success in the reinstatement of the appeal","issue_type":"mixed","dispositive":"yes","related_facts":"Dismissal of interpleader claim, failure to prove separate ownership, corporate relationship"}
  • {"issue_text":"Whether applicant's conduct constitutes material non-disclosure","issue_type":"procedural","dispositive":"no","related_facts":"Deliberate omission of judgment, failure to address prospects of success"}
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background
Facts of the Case

Background

Applicant sought urgent relief to stop sale in execution of property following attachment based on arbitral award granted to first to sixth respondents in 2015. Applicant's claim to ownership of the property was dismissed by MANGOTA J, and subsequent appeal was deemed abandoned due to failure to file heads of argument. Application was brought to stay execution pending Supreme Court condonation hearing for reinstatement of appeal.
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