University of Zimbabwe v Vengai Mugabe and Jelous Zhakata and The Sheriff for Zimbabwe

HH 125-25

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Case Details

Court

Harare High Court

Date

3 March 2025

Citation

HH 125-25

Neutral Citation

[2025] ZWHH 125

Outcome

unknown

Case Type

Urgent Application

Bench

Presiding

MUSITHU J

Full Bench

MUSITHU J

Areas of Law

Constitutional LawCivil ProcedureLabour Law

Keywords

Interim InterdictExecutionPrima Facie RightIrreparable Harm

Key Issues

{"issue_text":"Whether the matter is urgent.","issue_type":"procedural","dispositive":"no","related_facts":"Attachment of vehicles scheduled for 10 February 2025; Constitutional application filed on 7 February 2025."}
{"issue_text":"Whether the applicant has established a prima facie right for an interim interdict.","issue_type":"law","dispositive":"yes","related_facts":"Existence of Constitutional Court application; risk of execution."}
{"issue_text":"Whether execution should be stayed pending the Constitutional Court application.","issue_type":"procedural","dispositive":"yes","related_facts":"Risk of irreparable harm; Constitutional application filed."}

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background

Facts of the Case

Background

The applicant sought a stay of execution of a judgment debt pending an application for direct access to the Constitutional Court. The applicant argued that execution would cause irreparable harm and render the constitutional application nugatory, while the respondent argued the matter was not urgent and the applicant had exhausted its appeal rights.

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