Jesca Mukiwa and Ketah Mukiwa v Menas Wuta and Sheriff of Zimbabwe and Ngarava Mhiribidi & Chikono and Annah Musonza and Zodwa Musonza and Melvin Tafadzwa Mukiwa and Knowledge Mumanyi and Master of the High Court

HH 71-18

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Case Details

Court

Harare High Court

Date

6 February 2018

Citation

HH 71-18

Neutral Citation

[2018] ZWHH 71

Outcome

unknown

Case Type

Urgent Application

Bench

Presiding

CHITAKUNYE J

Full Bench

CHITAKUNYE J

Areas of Law

Property LawCivil Procedure

Keywords

evictionconsent orderstay of executioncertificate of urgencyrule 449

Key Issues

{"issue_text":"Whether the certificate of urgency was validly formulated","issue_type":"procedural","dispositive":"yes","related_facts":"Certificate claimed Rule 449 application was pending before MWAYERA J when it was not"}
{"issue_text":"Whether the matter was truly urgent","issue_type":"procedural","dispositive":"yes","related_facts":"Applicants knew since December 2017 they had to vacate by 31 December 2017"}
{"issue_text":"Whether there was anything left to stay after execution was completed","issue_type":"procedural","dispositive":"yes","related_facts":"Execution was completed on 24 January 2018 before service of application"}

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Facts of the Case

Background

The applicants sought to stay execution of a consent order that required them to vacate a property by 31 December 2017. They failed to vacate and the first respondent obtained a writ of ejectment. The applicants filed an urgent chamber application seeking to stay the execution, claiming their Rule 449 application was pending before MWAYERA J.

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