Rita Marque Mbatha v Vincent Ncube and Messenger of Court

HH 38-23

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Case Details

Court

Harare High Court

Date

25 January 2023

Citation

HH 38-23

Neutral Citation

[2023] ZWHH 38

Outcome

unknown

Case Type

Urgent Application

Bench

Presiding

Manyangadze J

Full Bench

Manyangadze J

Areas of Law

Property LawCivil Procedure

Keywords

eviction orderstay of executionspoliationdefault judgmentrescission of judgment

Key Issues

{"issue_text":"Whether this court has jurisdiction to entertain an application for stay of execution when the Supreme Court has already determined the matter on appeal","issue_type":"procedural","dispositive":"yes","related_facts":"Supreme Court dismissed appeal and rescission application"}

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background

Facts of the Case

Background

The applicant, a tenant facing eviction from a property owned by the first respondent, sought a stay of execution of an eviction order granted by the Magistrates Court in 2017. The matter had travelled through multiple courts including the High Court and Supreme Court, which had dismissed the applicant's appeal.

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