VEARNACY (PRIVATE) LIMITED and BHIKHUBHAI VALLABHIDAS NAGAR and NITESH BHIKHUBHAI NAGAR v INTERFIN BANKING CORPORATION LIMITED t/a INTERFIN BANK (under curatorship) and THE SHERIFF OF ZIMBABWE

HH 469-13

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Case Details

Court

Harare High Court

Date

2 December 2013

Citation

HH 469-13

Neutral Citation

[2013] ZWHH 469

Outcome

unknown

Case Type

Urgent Application

Bench

Presiding

MANGOTA J

Full Bench

MANGOTA J

Areas of Law

Civil ProcedureBanking LawExecution of Judgments

Keywords

Provisional SentenceSecurity de restituendoUrgent Chamber ApplicationStatus QuoExecution

Key Issues

{"issue_text":"Whether the application is urgent and whether the applicants treated it with the urgency it deserves","issue_type":"procedural","dispositive":"yes","related_facts":"Attachment of goods on 8 November 2013, filing on 9 November 2013"}
{"issue_text":"Whether the court should proceed with the application as unopposed due to respondent's failure to file opposing papers","issue_type":"procedural","dispositive":"yes","related_facts":"Respondent's failure to meet agreed deadlines of 22 and 25 November 2013"}
{"issue_text":"Whether execution of provisional sentence should be stayed pending appeal","issue_type":"mixed","dispositive":"yes","related_facts":"Pending appeals on security determination and provisional sentence"}

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Facts of the Case

Background

The applicants sought an urgent stay of execution of a provisional sentence obtained against them by the first respondent. The execution was to be carried out by the second respondent (The Sheriff) following attachment of the applicants' goods. The applicants had appealed the registrar's determination of security de restituendo at 15% of the judgment debt and also sought leave to appeal the provisional sentence itself. The respondent failed to file opposing papers as agreed, making the application unopposed.

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