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Harare High Court
Midriver Enterprises (Private) Limited v Reubeni Pashani
HH 463-17
Case Details
Court
Harare High Court
Date
14 February 2017
Citation
HH 463-17
Neutral Citation
[2017] ZWHH 463
Outcome
unknown
Case Type
Appeal
Bench
Presiding
MWAYERA J
Full Bench
MWAYERA JMUNANGATI-MANONGWA J
Areas of Law
Civil ProcedureCommercial Law
Keywords
security de restituendobond of securityimmovable propertyexecutionregistrar's discretion
Tags
security de restituendocivil procedureappeal
legislation
Statutes Cited
- High Court Rules, 1971
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the Registrar erred in accepting a bond of security from legal practitioners as satisfactory security for costs de restituendo","issue_type":"procedural","dispositive":"yes","related_facts":"Property valuations exceeded judgment debt; legal practitioners held original title deed"}
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background
Facts of the Case
Background
The respondent obtained a spoliatory relief against the appellant for payment of US$20,110.75. When the respondent sought to issue a writ of execution, the Registrar ordered security de restituendo in the form of a bond of security from the respondent's legal practitioners. The appellant appealed this ruling, arguing the security was insufficient.
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