Routetoute BV and Peninsula Plantation (Private) Limited and Matanuska (Private) Limited and Brightside Farm (Private) Limited v Minister of Lands and Rural Resettlement and Minister of Foreign Affairs N O and Ambassador Edzai Chimonyo and The Attorney General N O

HH 52-10

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Case Details

Court

Harare High Court

Date

24 March 2010

Citation

HH 52-10

Neutral Citation

[2010] ZWHH 52

Outcome

unknown

Case Type

Urgent Application

Bench

Presiding

Omerjee J

Full Bench

Omerjee J

Areas of Law

Property lawCivil procedure

Keywords

Spoliation orderRescission applicationStay of executionLapse of order

Key Issues

{"issue_text":"Whether the stay of execution obtained by the third respondent had lapsed for want of prosecution within the prescribed time limits","issue_type":"procedural","dispositive":"yes","related_facts":"Stay granted 26 January 2010 requiring rescission application within seven days; rescission application filed but not prosecuted"}

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background

Facts of the Case

Background

The applicants sought a declaratory order that the stay of execution obtained by the third respondent had lapsed for want of prosecution within the prescribed time limits. The third respondent had obtained a stay of a spoliation order granted in favour of the applicants but failed to promptly prosecute the rescission application within the ordered timeframe.

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