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Harare High Court

John Arnold Bredenkamp v The Sheriff of Zimbabwe N.O and Yakub Mahomed

HH 826-17

Case Details

Court
Harare High Court
Date
13 December 2017
Citation
HH 826-17
Neutral Citation
[2017] ZWHH 826
Outcome
unknown
Case Type
Urgent Application

Bench

Presiding
ZHOU J
Full Bench
ZHOU J
Areas of Law
Civil ProcedureExecution of JudgmentsContract Law
Keywords
Stay of executionWrit of executionTaxed costsReview applicationAgreement to stay
Tags
Stay of executionWrit of executionCosts taxationUrgent application
legislation
Statutes Cited
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ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the alleged agreement between the parties constitutes sufficient grounds to stay execution of the writ","issue_type":"mixed","dispositive":"yes","related_facts":"Letter of 2 August 2017, payment of US$34,995-00, denial of authorization by second respondent"}
  • {"issue_text":"Whether the court should exercise its discretion to stay execution pending review of taxation","issue_type":"procedural","dispositive":"yes","related_facts":"Application for review under HC 4856/17, previous dismissal of similar application"}
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background
Facts of the Case

Background

The applicant sought a stay of execution of a writ of execution issued to enable the second respondent to recover taxed costs awarded in HC 8103/14. The applicant had instituted a review application under HC 4856/17 challenging the taxation of those costs. The application was predicated on an alleged agreement between the parties that execution would be stayed pending the review application.
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