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Harare High Court
MADZ CONTRACTORS (PVT) LIMITED v THE SHERIFF and NEC FOR THE CONSTRUCTION INDUSTRY
HH 569-17
Case Details
Court
Harare High Court
Date
30 August 2017
Citation
HH 569-17
Neutral Citation
[2017] ZWHH 569
Outcome
unknown
Case Type
Urgent Application
Bench
Presiding
CHITAPI J
Full Bench
CHITAPI J
Areas of Law
Civil ProcedureExecution of Judgments
Keywords
writ of executionattachmentsheriff's commissionsuspension of executiontanker removal
Tags
executionwrit of executionsheriff's costsattachment of property
legislation
Statutes Cited
- None cited or interpreted in the judgment.
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the sheriff was entitled to unilaterally remove attached property to recover his costs where execution had been stayed by the judgment creditor","issue_type":"legal","dispositive":"yes","related_facts":"Second respondent suspended execution on 23 November 2015; sheriff removed tanker on 28 November 2015"}
- {"issue_text":"Whether the provisional order should be granted releasing the tanker","issue_type":"procedural","dispositive":"no","related_facts":"Tanker removed despite suspension instruction; applicant needs tanker for ongoing contract"}
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background
Facts of the Case
Background
The applicant, a judgment debtor, obtained a provisional order restraining the sheriff from removing its attached tanker for sale after the execution creditor had instructed suspension of execution. The sheriff removed the tanker on 28 November 2015 to recover his costs despite receiving a letter dated 23 November 2015 suspending execution.
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