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Harare High Court

JG Construction v Graeme Chadwick and Deputy Sheriff

HH 141-2012

Case Details

Court
Harare High Court
Date
26 March 2012
Citation
HH 141-2012
Neutral Citation
[2012] ZWHH 141
Outcome
unknown
Case Type
Urgent Application

Bench

Presiding
BERE J
Full Bench
BERE J
Areas of Law
Civil ProcedureExecution of JudgmentsAppellate Practice
Keywords
Notice of appealService of processRule 29(2) Supreme Court RulesExecution pending appeal
Tags
ExecutionAppealInterdictSupreme Court Rules
legislation
Statutes Cited
  • Supreme Court Rules, 1964
  • Supreme Court Rules, 1964
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether failure to serve notice of appeal on respondent invalidates the appeal and permits execution","issue_type":"procedural","dispositive":"yes","related_facts":"Notice of appeal filed but not served on first respondent"}
  • {"issue_text":"Whether High Court can determine validity of appeal pending before Supreme Court","issue_type":"procedural","dispositive":"no","related_facts":"Appeal noted but defects alleged"}
This summary was generated by AI. Use Zalari to read the full judgment.
background
Facts of the Case

Background

The applicant obtained summary judgment in case HH 102-12 and subsequently filed a notice of appeal to the Supreme Court on 6 February 2012. Despite the appeal, the first respondent proceeded with execution, prompting this urgent application for an interdict.
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