Masedewe v Masedewe (HB 107 of 2016; HC 219 of 2016; XREF HCA 117 of 2015) [2016] ZWBHC 107 (8 April 2016)

Masedewe v Masedewe (HB 107 of 2016; HC 219 of 2016; XREF HCA 117 of 2015) [2016] ZWBHC 107 (8 April 2016)

The High Court found that the lower court had conceded to an error in the computation of arrear maintenance and that the applicant had established a prima facie case for stay of execution pending appeal.

Citation
[2016] ZWBHC 107
Parties
Applicant: Munetsi Blessing Masedewe; Respondent: Manyara Masedewe
Court
Bulawayo High Court
Jurisdiction
Zimbabwe
Judgment Date
8 April 2016
Case Number
HB 107 of 2016 ; HC 219 of 2016 ; XREF HCA 117 of 2015
Procedural Posture
Urgent Chamber Application / Application for Stay of Execution Pending Appeal
Outcome
Provisional order granted
Legal Topics
Maintenance, Stay of Execution, Appeal Procedure
Source Language
English
Family Law Maintenance Stay of Execution Appeal Procedure

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Parties

Munetsi Blessing Masedewe

Applicant

Manyara Masedewe

Respondent

Procedural Posture

Urgent Chamber Application / Application for Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether execution of the certificate of confirmation of arrear maintenance should be stayed pending appeal
  2. 2 Whether the computation of arrear maintenance was erroneous

Ratio Decidendi

The High Court found that the lower court had conceded to an error in the computation of arrear maintenance and that the applicant had established a prima facie case for stay of execution pending appeal.

Court Disposition

Provisional order granted

Orders

  • Stay of execution of the certificate of confirmation of arrear maintenance pending appeal
  • Applicant to continue paying $280 per month until appeal is heard