Wicknell M. Chivhayo v Five Chisholme Road Freeholder (Private) Limited and The Sheriff of the High Court

HH 688-18

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Case Details

Court

Harare High Court

Date

23 October 2018

Citation

HH 688-18

Neutral Citation

[2018] ZWHH 688

Outcome

unknown

Case Type

Urgent Application

Bench

Presiding

TAGU J

Full Bench

TAGU J

Areas of Law

ArbitrationProperty LawCivil Procedure

Keywords

writ of ejectmentprovisional orderstay of executionpublic policy

Key Issues

{"issue_text":"Whether the applicant established a prima facie case for the suspension of the writ of ejectment and stay of execution pending the rescission application","issue_type":"mixed","dispositive":"yes","related_facts":"Existence of arbitral award, default judgment, pending rescission application, execution of ejectment"}

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background

Facts of the Case

Background

An arbitral award was issued in favor of the first respondent against the applicant. Despite the applicant having filed a court application to set aside the award, the first respondent obtained a default judgment for its registration. The first respondent then commenced execution by obtaining a writ of ejectment, and the applicant approached the court on an urgent basis to stay the eviction pending his application for rescission of the default judgment.

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