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Harare High Court
Meikles Limited v Infra Structure Development Bank of Zimbabwe and The Sheriff of Zimbabwe
HH 376-17
Case Details
Court
Harare High Court
Date
14 June 2017
Citation
HH 376-17
Neutral Citation
[2017] ZWHH 376
Outcome
unknown
Case Type
Urgent Application
Bench
Presiding
CHIGUMBA J
Full Bench
CHIGUMBA J
Areas of Law
Civil ProcedureCommercial LawInterdicts
Keywords
stay of executionconsent orderurgencyinterdictshares attachment
Tags
urgent applicationstay of executionconsent judgmentinterdict
legislation
Statutes Cited
- Constitution of Zimbabwe
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the application meets requirements for urgency","issue_type":"procedural","dispositive":"yes","related_facts":"Delay in bringing application, multiple execution attempts, pending set-aside application"}
- {"issue_text":"Whether stay of execution should be granted pending determination of set-aside application","issue_type":"mixed","dispositive":"yes","related_facts":"Pending application to set aside consent judgment, risk of irreparable harm, balance of convenience"}
- {"issue_text":"Whether applicant has established requirements for interim interdict","issue_type":"law","dispositive":"yes","related_facts":"Clear right, apprehended injury, no alternative remedy"}
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background
Facts of the Case
Background
Meikles Limited obtained a consent judgment against it in HC 9880/15 for USD$3.6 million plus interest. When IDBZ attempted execution, Meikles applied to set aside the consent judgment under HC 11886/16. While that application was pending, IDBZ renewed execution attempts, prompting Meikles to bring this urgent application for a stay of execution.
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