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Harare High Court
WILLARD MAZHAWIDZA and DORNICA MAZHAWIDZA versus ISAYA MASHAYAKARARA
HH 16/11
Case Details
Court
Harare High Court
Date
12 January 2011
Citation
HH 16/11
Neutral Citation
[2011] ZWHH 16
Outcome
unknown
Case Type
Application
Bench
Presiding
CHATUKUTA J
Full Bench
CHATUKUTA J
Areas of Law
Property LawCivil Procedure
Keywords
irreparable harmbalance of convenienceprospects of successrobust approach
Tags
execution pending appealejectmentrei vindicatio
legislation
Statutes Cited
- N/A
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the respondent has prospects of success on appeal","issue_type":"mixed","dispositive":"yes","related_facts":"Disputes of fact regarding agreement of sale, identification documents, and authorization of estate agents"}
- {"issue_text":"Whether the balance of convenience favours granting execution pending appeal","issue_type":"fact","dispositive":"yes","related_facts":"Respondent's occupation since 2008, applicants' absence in USA, development status"}
- {"issue_text":"Whether either party will suffer irreparable harm","issue_type":"law","dispositive":"no","related_facts":"Financial losses claimed by both parties"}
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background
Facts of the Case
Background
The applicants were granted a judgment for ejectment of the respondent from a property in Harare. The respondent appealed and the applicants sought execution pending appeal, arguing the appeal was frivolous. The court found the respondent had prospects of success on appeal and the balance of convenience favoured the respondent remaining in occupation.
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