Hospel Ent. (Pvt) Ltd. & Anor v City Centre Properties & Anor (HC 1045 of 2017; HH 119 of 2017) [2017] ZWHHC 119 (1 March 2017)

Hospel Ent. (Pvt) Ltd. & Anor v City Centre Properties & Anor (HC 1045 of 2017; HH 119 of 2017) [2017] ZWHHC 119 (1 March 2017)

The application was properly served, urgency was established by the notice of removal and ejectment, and execution should be stayed pending determination of related applications.

Citation
[2017] ZWHHC 119
Parties
Applicant: Hospel Enterprises (Pvt) Ltd; Applicant: Moses Mazhande; Respondent: City Centre Properties; Respondent: The Sheriff
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
1 March 2017
Case Number
HC 1045 of 2017 ; HH 119 of 2017
Procedural Posture
Urgent Chamber Application / Ruling on Provisional Order
Outcome
Provisional order granted as prayed for
Legal Topics
Stay of Execution, Ejectment, Arbitral Award Registration
Source Language
English
Civil Procedure Landlord and Tenant Stay of Execution Ejectment Arbitral Award Registration

Case Brief

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Parties

Hospel Enterprises (Pvt) Ltd

Applicant

Moses Mazhande

Applicant

City Centre Properties

Respondent

The Sheriff

Respondent

Procedural Posture

Urgent Chamber Application / Ruling on Provisional Order

Legal Issues

  1. 1 Whether the application is fatally defective for non-compliance with procedural rules
  2. 2 Whether the matter is urgent
  3. 3 Whether execution should be stayed pending determination of related applications

Ratio Decidendi

The application was properly served, urgency was established by the notice of removal and ejectment, and execution should be stayed pending determination of related applications.

Court Disposition

Provisional order granted as prayed for

Orders

  • The 2nd Respondent is ordered not to remove the 1st applicant’s property from 8th Floor, Goldbridge, Eastgate, Harare.
  • The 2nd Respondent is ordered not to eject the 1st Applicant from 8th floor Goldbridge Eastgate, Harare.