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Harare High Court
Hosea Oziah Ncube v Simbarashe Mupinga
HH 212-18
Case Details
Court
Harare High Court
Date
25 April 2018
Citation
HH 212-18
Neutral Citation
[2018] ZWHH 212
Outcome
unknown
Case Type
Application
Bench
Presiding
CHAREWA J
Full Bench
CHAREWA J
Areas of Law
Property lawCivil procedure
Keywords
Execution pending appealLeave to executeAppeal prospectsBalance of convenienceIrreparable harm
Tags
Property lawExecution pending appealRei vindicatioLand ownership
legislation
Statutes Cited
- None identified
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether leave to execute pending appeal should be granted","issue_type":"procedural","dispositive":"yes","related_facts":"Appeal noted, execution sought, balance of convenience"}
- {"issue_text":"Whether appeal has reasonable prospects of success","issue_type":"mixed","dispositive":"no","related_facts":"Grounds of appeal, legal basis, introduction of new matters"}
- {"issue_text":"Whether balance of convenience favors execution","issue_type":"mixed","dispositive":"no","related_facts":"Length of deprivation, rental income loss, prejudice to parties"}
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background
Facts of the Case
Background
The applicant sought leave to execute a judgment granting him possession of certain land (the Remainder of Subdivision B of Marshlands of Delft of Hopley) and payment of rentals, pending the respondent's appeal. The respondent had wrongfully occupied and collected rentals from the applicant's property since 2013, despite holding title only to an adjacent stand that had become a road.
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