Mpofu v Mlilo (HC 2444 of 2001) [2002] ZWBHC 11 (20 February 2002)

Mpofu v Mlilo (HC 2444 of 2001) [2002] ZWBHC 11 (20 February 2002)

The applicant was in willful contempt of court for failing to comply with the eviction order, and as such, the court would not entertain his application for stay of execution.

Citation
[2002] ZWBHC 11
Parties
Applicant: Godfrey Mukwena Mpofu; Respondent: Tapson Mlilo
Court
Bulawayo High Court
Jurisdiction
Zimbabwe
Judgment Date
20 February 2002
Case Number
HC 2444 of 2001
Procedural Posture
Application for Stay of Execution / Ruling on Application for Stay of Execution and Preliminary Objection (contempt of Court)
Outcome
Application dismissed with costs
Legal Topics
Stay of Execution, Contempt of Court, Eviction, Compliance With Court Orders
Source Language
English
Civil Procedure Property Law Stay of Execution Contempt of Court Eviction Compliance With Court Orders

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Parties

Godfrey Mukwena Mpofu

Applicant

Tapson Mlilo

Respondent

Procedural Posture

Application for Stay of Execution / Ruling on Application for Stay of Execution and Preliminary Objection (contempt of Court)

Legal Issues

  1. 1 Whether the applicant is in contempt of court for failing to comply with an eviction order
  2. 2 Whether the application for stay of execution can be entertained while the applicant is in contempt

Ratio Decidendi

The applicant was in willful contempt of court for failing to comply with the eviction order, and as such, the court would not entertain his application for stay of execution.

Court Disposition

Application dismissed with costs

Orders

  • Application for stay of execution is dismissed with costs