National Foods Ltd v Tendai Bonde & Anor (The Sheriff of Zimbabwe N.O.)

HH 58-25

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Case Details

Court

Harare High Court

Date

6 February 2025

Citation

HH 58-25

Neutral Citation

[2025] ZWHH 58

Outcome

unknown

Case Type

Urgent Application

Bench

Presiding

Takuva J

Full Bench

Takuva J

Areas of Law

Civil ProcedureExecutionCourt Orders

Keywords

writ of executioncorrection of orderstay of executionSupreme Court jurisdiction

Key Issues

{"issue_text":"Whether the court should grant a stay of execution pending determination of the application","issue_type":"procedural","dispositive":"no","related_facts":"Applicant will suffer irreparable harm if property is removed"}
{"issue_text":"Whether the court order dated 1 July 2020 should be corrected to reflect the proper date and judge","issue_type":"procedural","dispositive":"yes","related_facts":"Order incorrectly shows Phiri J and first respondent seeks to change date to 7 December 2022"}
{"issue_text":"Whether the writ of execution issued under SC 738/18 should be set aside","issue_type":"procedural","dispositive":"yes","related_facts":"Writ based on order that has been set aside by Supreme Court"}

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Facts of the Case

Background

The applicant seeks to set aside a writ of execution and correct a court order that was granted in error. The first respondent had obtained costs against the applicant in Supreme Court case SC 738/18, but due to administrative errors, the costs were taxed in US dollars instead of local currency and a writ was issued. The applicant had previously obtained a stay which was overturned by the Supreme Court, and now seeks correction of subsequent erroneous orders.

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