John Arnold Bredenkamp v Yakub Mohamed and The Sheriff Bindura NO

HH 389-17

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Case Details

Court

Harare High Court

Date

21 June 2017

Citation

HH 389-17

Neutral Citation

[2017] ZWHH 389

Outcome

unknown

Case Type

Urgent Application

Bench

Presiding

ZHOU J

Full Bench

ZHOU J

Areas of Law

Civil procedureExecutionTaxation of costs

Keywords

Stay of executionReview applicationBill of costsWrit of executionAttachmentTaxationSpecial circumstances

Key Issues

{"issue_text":"Whether the application is urgent","issue_type":"procedural","dispositive":"no","related_facts":"Application filed on 2 June 2017, taxation allegedly on 12 or 18 May 2017"}
{"issue_text":"Whether there was compliance with r 241 proviso regarding chamber application form","issue_type":"procedural","dispositive":"no","related_facts":"Chamber application not in Form No. 29"}
{"issue_text":"Whether there was material non-disclosure","issue_type":"procedural","dispositive":"no","related_facts":"Alleged knowledge of contingency fee arrangement"}
{"issue_text":"Whether special circumstances exist to justify stay of execution","issue_type":"mixed","dispositive":"yes","related_facts":"Review application pending, value of attached property, nature of costs challenged"}

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background

Facts of the Case

Background

The applicant sought a stay of execution pending review of a taxation decision. The first respondent had obtained judgment against the applicant for US$3,872,123 plus costs. After taxation of the bill of costs, the Sheriff attached the applicant's property valued at US$610,000. The applicant challenged two items in the taxation: a premium charged by legal practitioners and counsel's fees allowed as a disbursement.

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