Dube v Reid and Anor (HC 2608 of 2002; XREF HC 2608 of 2002) [2004] ZWBHC 65 (19 May 2004)
The application was not urgent as the festive season had passed and no sufficient grounds for urgency were established; therefore, the application was dismissed with costs.
Source-derived case information.
- Citation
- [2004] ZWBHC 65
- Parties
- Applicant: Honour Dube; Respondent: Edward F Reid; Respondent: The Deputy Sheriff
- Court
- Bulawayo High Court
- Jurisdiction
- Zimbabwe
- Case Number
- HC 2608 of 2002 ; XREF HC 2608 of 2002
- Procedural Posture
- Civil / Judgment
- Outcome
- application dismissed with costs
- Legal Topics
- Urgency of Application, Inter Pleader Proceedings, Execution of Judgment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Honour Dube
Applicant
Edward F Reid
Respondent
The Deputy Sheriff
Respondent
Procedural Posture
Civil / Judgment
Legal Issues
- 1 Whether the application was urgent
- 2 Whether the applicant was entitled to relief regarding attached goods
Ratio Decidendi
The application was not urgent as the festive season had passed and no sufficient grounds for urgency were established; therefore, the application was dismissed with costs.
Court Disposition
application dismissed with costs
Orders
- application dismissed
- applicant to pay costs
Full Case Text
Judgment text and source record
1 paragraphs
Judgment No. HB 65/2004 Case No. HC 2974/02 X-Ref HC 2608/02 HONOUR DUBE Versus EDWARD F REID And THE DEPUTY SHERIFF IN THE HIGH COURT OF ZIMBABWE NDOU J BULAWAYO 13 JANUARY 2003 & 20 MAY 2004 T Khumalo for applicant S Mazibisa for respondent Judgment NDOU J: The applicant is employed in the United Kingdom and resides there. At the time of the application he was in Zimbabwe for the Christmas festive season. His girlfriend is Eunice Nyoni. He was resident with the latter. The first respondent obtained a default judgment against Eunice Nyoni in the sum of $426 689,92 in damages resulting from a road traffic accident in case number HC 2608/02. A writ of execution was issued and executed on 18 December 2002. The applicant did not institute inter-pleader proceedings claiming ownership of the goods attached at Eunice Nyoni’s premises. I directed that the respondents be served with the application and the notice of set down. The applicant was unable to do so on time. By the time he was able to do so, the question of urgency, as per certificate of urgency and the founding affidavit, had fallen away. By the application, he sought to have the disputed goods for the festive season. That season had come and gone. By submissions through his legal practitioner from the bar he sought to create new grounds for urgency. With respect to Mr Khumalo, even if I accept the new HB65/04 submissions they not make the matter urgent. A case has not been made out for proceeding under a certificate of urgency. Accordingly, the application is dismissed with costs. James, Moyo-Majwabu & Nyoni applicant’s legal practitioners Cheda & Partners, respondent’s legal practitioners