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Harare High Court
Solomon Sigauke v Innocent Paradzai Makwiramiti
HH 191-18
Case Details
Court
Harare High Court
Date
28 March 2018
Citation
HH 191-18
Neutral Citation
[2018] ZWHH 191
Outcome
unknown
Case Type
Application
Bench
Presiding
Muremba J
Full Bench
Muremba J
Areas of Law
Property LawCivil Procedure
Keywords
execution pending appealevictionproperty transferjudicial salerecusal
Tags
evictionexecution pending appealproperty ownershipjudicial sale
legislation
Statutes Cited
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ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether respondent has established reasonable apprehension of bias requiring recusal","issue_type":"procedural","dispositive":"no","related_facts":"Respondent's fear that judge may confirm earlier findings"}
- {"issue_text":"Whether applicant should be granted leave to execute judgment pending appeal","issue_type":"mixed","dispositive":"yes","related_facts":"Financial prejudice to applicant, respondent's occupation without payment"}
- {"issue_text":"Whether respondent has prospects of success on appeal","issue_type":"law","dispositive":"yes","related_facts":"Alleged failure to consider trial evidence, findings of fact"}
This summary was generated by AI. Use Zalari to read the full judgment.
background
Facts of the Case
Background
The applicant bought immovable property (Stand 102 Logan Park, Lot 6A, Hatfield, Harare) in a judicial sale conducted by the Sheriff of Zimbabwe after a writ of execution was issued against the respondent. Despite transfer of title to the applicant, the respondent refused to vacate, leading to consolidated litigation where eviction was granted. The respondent noted an appeal, suspending the judgment's operation, and the applicant now seeks leave to execute pending appeal.
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