Biltrans Services (Pvt) Ltd. v Mutadziki & Ors (HC 11859 of 2015) [2016] ZWHHC 55 (20 January 2016)
The application was not urgent as the urgency was self-created by the applicant's inaction; there were other remedies available, and the requirements for urgency were not met.
- Citation
- [2016] ZWHHC 55
- Parties
- Applicant: Biltrans Services (Private) Limited; Respondent: Dickson Mutadziki; Respondent: David Chishiri; Respondent: Kudakwashe Kavare; Respondent: Donaldson Mafundira; Respondent: Kerdmio Chipadze; Respondent: The Sheriff of Harare
- Court
- Harare High Court
- Jurisdiction
- Zimbabwe
- Judgment Date
- 20 January 2016
- Case Number
- HC 11859 of 2015
- Procedural Posture
- Urgent Chamber Application / Ruling on Urgency
- Outcome
- Application removed from urgent roll
- Legal Topics
- Urgency in Applications, Stay of Execution, Arbitral Award Enforcement
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Biltrans Services (Private) Limited
Applicant
Dickson Mutadziki
Respondent
David Chishiri
Respondent
Kudakwashe Kavare
Respondent
Donaldson Mafundira
Respondent
Kerdmio Chipadze
Respondent
The Sheriff of Harare
Respondent
Procedural Posture
Urgent Chamber Application / Ruling on Urgency
Legal Issues
- 1 Whether the application for stay of execution was urgent
- 2 Whether self-created urgency justifies removal from the urgent roll
Ratio Decidendi
The application was not urgent as the urgency was self-created by the applicant's inaction; there were other remedies available, and the requirements for urgency were not met.
Court Disposition
Application removed from urgent roll
Orders
- The matter is not urgent and it is removed from the urgent roll.
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment