S v Hlahla (CA 286 of 2016; HH 200 of 2017) [2017] ZWHHC 200 (27 March 2017)

S v Hlahla (CA 286 of 2016; HH 200 of 2017) [2017] ZWHHC 200 (27 March 2017)

The appellant was obliged to comply with the extant eviction order unless it was suspended or set aside. The dismissal of the application for leave to execute pending appeal did not suspend the order. The appeal was therefore dismissed.

Citation
[2017] ZWHHC 200
Parties
Appellant: Godwin Hlahla; Respondent: The State
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
27 March 2017
Case Number
CA 286 of 2016 ; HH 200 of 2017
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction
Outcome
Appeal dismissed
Legal Topics
Contempt of Court, Execution of Judgments, Suspension of Orders, Appeals
Source Language
English
Criminal Law Civil Procedure Contempt of Court Execution of Judgments Suspension of Orders Appeals

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 5 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Godwin Hlahla

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction

Legal Issues

  1. 1 Whether the appellant was obliged to comply with an eviction order when leave to execute pending appeal was denied
  2. 2 Interpretation of s 40(3) of the Magistrates Court Act regarding suspension of execution pending appeal
  3. 3 Whether intention to commit the offence under s 182(2) was proved

Ratio Decidendi

The appellant was obliged to comply with the extant eviction order unless it was suspended or set aside. The dismissal of the application for leave to execute pending appeal did not suspend the order. The appeal was therefore dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal is hereby dismissed