Sibanda & Anor v Ganyanhewe & 2 Ors (HB 244 of 2020; HC 1448 of 2020) [2020] ZWBHC 244 (29 October 2020)

Sibanda & Anor v Ganyanhewe & 2 Ors (HB 244 of 2020; HC 1448 of 2020) [2020] ZWBHC 244 (29 October 2020)

The application is not urgent as the urgency arose from applicants' own failure to act timeously and not from circumstances contemplated by the rules. The matter does not warrant urgent relief.

Citation
[2020] ZWBHC 244
Parties
Applicant: Omega Sibanda; Applicant: Emily Sibanda; Respondent: Irene Ganyanhewe; Respondent: Charles Ganyanhewe; Respondent: The Additional Sheriff N.O.
Court
Bulawayo High Court
Jurisdiction
Zimbabwe
Judgment Date
29 October 2020
Case Number
HB 244 of 2020 ; HC 1448 of 2020
Procedural Posture
Urgent Chamber Application / Ruling on Urgency and Stay of Execution
Outcome
Application struck off the roll for lack of urgency; costs awarded to respondents.
Legal Topics
Stay of Execution, Urgency in Applications, Currency of Judgment Debt
Source Language
English
Civil Procedure Debt Recovery Stay of Execution Urgency in Applications Currency of Judgment Debt

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Parties

Omega Sibanda

Applicant

Emily Sibanda

Applicant

Irene Ganyanhewe

Respondent

Charles Ganyanhewe

Respondent

The Additional Sheriff N.O.

Respondent

Procedural Posture

Urgent Chamber Application / Ruling on Urgency and Stay of Execution

Legal Issues

  1. 1 Whether the application for stay of execution is urgent
  2. 2 Whether applicants are entitled to stay of execution based on tender of payment in local currency

Ratio Decidendi

The application is not urgent as the urgency arose from applicants' own failure to act timeously and not from circumstances contemplated by the rules. The matter does not warrant urgent relief.

Court Disposition

Application struck off the roll for lack of urgency; costs awarded to respondents.

Orders

  • The matter is not urgent.
  • The matter is struck off the roll of urgent matters.