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Harare High Court

Wilbert Munonyara v CBZ Bank Limited and M/S Mwanyisa and Paul Chimudzi and Punish Mushezhu and Pritsburgh Marketing and Salvate Trading and Tapvice Enterprises and Deputy Sheriff

HH 223-12

Case Details

Court
Harare High Court
Date
23 May 2012
Citation
HH 223-12
Neutral Citation
[2012] ZWHH 223
Outcome
unknown
Case Type
Urgent Chamber Application

Bench

Presiding
BHUNU J
Full Bench
BHUNU J
Areas of Law
Property LawCivil Procedure
Keywords
mortgage bonddefault judgmentstay of executionurgency
Tags
mortgageexecutionurgent application
legislation
Statutes Cited
  • High Court Rules, 1971
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the applicant's urgent chamber application for stay of execution should be heard despite the inordinate delay in filing","issue_type":"procedural","dispositive":"yes","related_facts":"The applicant delayed almost a year before filing the application"}
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background
Facts of the Case

Background

The applicant mortgaged his property to the first respondent, which was used as security for a loan extended to the fifth respondent. After the fifth respondent defaulted, the first respondent obtained a default judgment against the applicant and others. The applicant's property was attached, but he delayed for almost a year before filing this urgent application to stay execution.
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