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Harare High Court
Temba Mliswa v Sheriff of the High Court of Zimbabwe & 2 Ors
HH 787-18
Case Details
Court
Harare High Court
Date
23 November 2018
Citation
HH 787-18
Neutral Citation
[2018] ZWHH 787
Outcome
unknown
Case Type
Urgent Application
Bench
Presiding
Muremba J
Full Bench
Muremba J
Areas of Law
Civil ProcedureExecution of JudgmentsCosts Law
Keywords
Joint and several liabilityCosts order interpretationWrit of executionAttachment of propertyProportionate liability
Tags
ExecutionCostsAttachmentStay of execution
legislation
Statutes Cited
- High Court Rules, 1971
- Magistrates Court (Civil) Rules, 1980
ai analysis
Case Summary
Key Issues
- {"issue_text":"Does a general costs order against multiple litigants impose joint and several liability or only joint liability for proportionate shares?","issue_type":"law","dispositive":"yes","related_facts":"Costs order did not specify joint and several liability; 630 co-applicants"}
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background
Facts of the Case
Background
The applicant's three motor vehicles were attached by the Sheriff for payment of costs awarded in a previous case where he was one of 630 co-applicants. Having already paid US$3,227, he argued he had exceeded his proportionate share of US$216 and sought to stay execution.
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