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Harare High Court

SHAUN MANDAA KUDINGA v RODGERS DHLIWAYO and THE CHAIRMAN, RENT BOARD

HH 22/08

Case Details

Court
Harare High Court
Date
12 March 2008
Citation
HH 22/08
Neutral Citation
[2008] ZWHH 22
Outcome
unknown
Case Type
Urgent Application

Bench

Presiding
MAKARAU JP
Full Bench
MAKARAU JP
Areas of Law
Property lawAdministrative lawRent regulations
Keywords
Certificate of ejectmentRent BoardAppeal suspensionExecution pending appealHatfield premises
Tags
Rent controlEjectmentCertificate enforcementAppeal suspension
legislation
Statutes Cited
  • High Court Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether noting an appeal against a Rent Board certificate of ejectment suspends the certificate","issue_type":"law","dispositive":"yes","related_facts":"Certificate issued 12 Feb 2008, appeal noted 18 Feb 2008"}
  • {"issue_text":"Whether a certificate of ejectment constitutes a judgment capable of execution","issue_type":"law","dispositive":"yes","related_facts":"Certificate issued under s 32 of Rent Regulations 2007"}
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background
Facts of the Case

Background

The applicant sought to enforce a certificate of ejectment issued by the Rent Board against the first respondent, believing the certificate was suspended by the noting of an appeal. The court had to determine whether a certificate of ejectment constitutes a judgment capable of suspension upon appeal.
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