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Harare High Court
Kingstons Limited v FML Properties (Private) Limited and Deputy Sheriff
HH 120-10
Case Details
Court
Harare High Court
Date
22 June 2010
Citation
HH 120-10
Neutral Citation
[2010] ZWHH 120
Outcome
unknown
Case Type
Urgent Application
Bench
Presiding
CHIWESHE JP
Full Bench
CHIWESHE JP
Areas of Law
Civil ProcedureCommercial Law
Keywords
stay of executionurgencyrescissiondefault judgmentabuse of process
Tags
stay of executionurgent applicationrescission of judgmentabuse of court process
legislation
Statutes Cited
- None – no statute or statutory provision is quoted, paraphrased or interpreted.
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the certificate of urgency is valid when signed by the same legal practitioner who prepared the application","issue_type":"procedural","dispositive":"yes","related_facts":"Certificate signed by same lawyer who prepared papers"}
- {"issue_text":"Whether the matter is truly urgent given the applicant's delay in filing","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant knew of attachment since 27 May 2010 but filed on 18 June 2010"}
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background
Facts of the Case
Background
The applicant sought an urgent stay of execution of a judgment granted in favour of the respondent. The applicant had been aware of the attachment of property since 27 May 2010 and had ample opportunity to file an application but waited until 18 June 2010 to file.
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