Moreblessing Masarirambi v Gabriel Mukambachaza and 2 Others

HMT 3-22

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Case Details

Court

Mutare High Court

Date

3 February 2022

Citation

HMT 3-22

Neutral Citation

[2022] ZWHMT 3

Outcome

unknown

Case Type

Application

Bench

Presiding

MUZENDA J

Full Bench

MUZENDA J

Areas of Law

Property LawCivil Procedure

Keywords

declaratory ordercessionsale in executionrestitution ordercriminal procedure

Key Issues

{"issue_text":"Whether applicant has established grounds for a declaratory order regarding execution of property","issue_type":"mixed","dispositive":"yes","related_facts":"Property registered in third party name, incomplete cession, prior criminal restitution order"}
{"issue_text":"Whether the civil judgment obtained in HC 145/20 was properly sought given s374 of Criminal Procedure and Evidence Act","issue_type":"law","dispositive":"yes","related_facts":"Criminal court already ordered restitution, applicant claimed higher amount in civil court"}

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Facts of the Case

Background

The applicant sought a declaratory order to declare executable certain property in satisfaction of a civil judgment obtained against the first respondent, who had been convicted of robbery. The property was registered in the second respondent's name and cession had not been completed. The applicant had previously obtained a default judgment for US$36,700 despite a criminal court having ordered restitution of only US$3,601.

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