Zimbabwe United Passenger Company v Gift Investments (Private) Limited and Jayesh Shah

HH 4-18

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Case Details

Court

Harare High Court

Date

3 January 2018

Citation

HH 4-18

Neutral Citation

[2018] ZWHH 4

Outcome

unknown

Case Type

Application

Bench

Presiding

TAGU J

Full Bench

TAGU J

Areas of Law

Property LawCivil Procedure

Keywords

Lease AgreementIllegal OccupationExecution Pending AppealIrreparable HarmOwner's Rights

Key Issues

{"issue_text":"Whether the applicant should be granted leave to execute the judgment pending appeal","issue_type":"procedural","dispositive":"yes","related_facts":"Irreparable harm to applicant, prospects of success of appeal, balance of hardship"}
{"issue_text":"Whether the respondents' appeal has reasonable prospects of success","issue_type":"law","dispositive":"yes","related_facts":"Illegality of lease renewal due to bribery"}
{"issue_text":"Whether the applicant will suffer irreparable harm if execution is delayed","issue_type":"fact","dispositive":"yes","related_facts":"Prejudice to applicant, loss of use of property, financial loss"}

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background

Facts of the Case

Background

The applicant, Zimbabwe United Passenger Company, sought leave to execute a judgment for ejectment and costs against the respondents, who were occupying property owned by the applicant. The respondents had illegally renewed a lease agreement by paying bribes and had filed appeals against the ejectment order. The court found that the applicant would suffer irreparable harm if execution was delayed and that the respondents' appeal had minimal prospects of success.

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