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Harare High Court
National Employment Council for the Commercial Sectors of Zimbabwe v Image (Private) Limited t/a Sunshine Funeral Services and Shamiso Jane Chiutsi and Clemence Chikochi and Wonder Chitunhu
HH 132-12
Case Details
Court
Harare High Court
Date
23 May 2012
Citation
HH 132-12
Neutral Citation
[2012] ZWHH 132
Outcome
unknown
Case Type
Application
Bench
Presiding
Hungwe J
Full Bench
Hungwe J
Areas of Law
Civil ProcedureExecution
Keywords
leave to executepending appealforged documentcommercial sector
Tags
employment councilexecution pending appealcommercial sector
legislation
Statutes Cited
- None cited – the court relied exclusively on common-law discretion.
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether leave to execute judgment pending appeal should be granted","issue_type":"procedural","dispositive":"yes","related_facts":"Appeal noted after judgment, allegations of forgery, sale agreement not part of original trial"}
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background
Facts of the Case
Background
The applicant obtained judgment against respondents on 7 March 2007 and sought to execute. Respondents noted an appeal and opposed execution, relying on an alleged agreement of sale. The applicant contended the appeal lacked merit and was merely to delay execution, pointing to evidence of forgery in documents relied upon by respondents.
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