Ngoni Mudekunye and Gladys Chamutsa and Masimba Mudekunye and Tamburika Mudekunye v Aaron Evans Mudekunye and Bertha Mudekunye and Deputy Sheriff Chipinge N.O.

HH 190-2010

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Case Details

Court

Harare High Court

Date

3 August 2010

Citation

HH 190-2010

Neutral Citation

[2010] ZWHH 190

Outcome

unknown

Case Type

Urgent Application

Bench

Presiding

BERE J

Full Bench

BERE J

Areas of Law

Civil ProcedureHigh Court RulesExecution of Judgments

Keywords

certificate of urgencyexecutionstayrescissionmala fidebrutum fulmen

Key Issues

{"issue_text":"Whether a legal practitioner from the same firm representing an applicant can sign a certificate of urgency","issue_type":"procedural","dispositive":"no","related_facts":"Certificate signed by Itai Nduzdo from Mutamangira & Associates"}
{"issue_text":"Whether an application for stay of execution can succeed after execution has already been completed","issue_type":"procedural","dispositive":"yes","related_facts":"Execution completed on 27 July, application filed 29 July"}
{"issue_text":"Whether the Chafanza decision constitutes binding precedent on certificates of urgency","issue_type":"law","dispositive":"no","related_facts":"Divergent judicial opinions on Chafanza case"}

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background

Facts of the Case

Background

Applicants sought an urgent chamber application to stay execution of a writ of ejectment pending determination of their rescission of judgment application. The execution had already been carried out two days before the urgent application was filed. The application was identical to one previously withdrawn before Patel J, with the only difference being that the rescission application had now actually been filed.

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