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Harare High Court

Marange Resources (Pvt) Ltd v Jonathan Samukange and Sheriff of the High Court N.O.

HH 340-21

Case Details

Court
Harare High Court
Date
30 June 2021
Citation
HH 340-21
Neutral Citation
[2021] ZWHH 340
Outcome
unknown
Case Type
Urgent Application

Bench

Presiding
Mangota J
Full Bench
Mangota J
Areas of Law
Civil ProcedureExecution of JudgmentsAppeals
Keywords
automatic suspensionexecutionappealreconstructionlegal administratorlocus standi
Tags
urgent chamber applicationstay of executionappeal suspensionsheriff execution
legislation
Statutes Cited
  • Reconstruction of State-Indebted Insolvent Companies Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether execution of judgment is automatically suspended upon noting of appeal","issue_type":"law","dispositive":"yes","related_facts":"Appeal SC 514/20 filed 23 Nov, execution 24 Nov"}
  • {"issue_text":"Whether deponent had locus standi as \"legal administrator\"","issue_type":"procedural","dispositive":"no","related_facts":"Deponent described as legal administrator, first respondent challenged capacity"}
  • {"issue_text":"Whether interim relief sought was final or interim in nature","issue_type":"procedural","dispositive":"no","related_facts":"Paragraph 2 of draft order required return of attached goods"}
This summary was generated by AI. Use Zalari to read the full judgment.
background
Facts of the Case

Background

The applicant obtained judgment against the first respondent under HC 3148/14, then appealed to the Supreme Court under SC 514/20. Despite the appeal having been noted, the Sheriff attached the applicant's movable goods on 24 November 2020. The applicant urgently applied for suspension of execution and return of attached property pending the appeal.
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