Mutongwizo v Nyamutswa (HC 5091 of 2020; HH 625 of 2020) [2020] ZWHHC 625 (22 September 2020)

Real and substantial justice requires that execution be stayed pending determination of the application for rescission of judgment and setting aside of the sale, as eviction would make restoration difficult if the applicants succeed.

Source-derived case information.

Citation: [2020] ZWHHC 625
Parties: Applicant: Washington Mutongwizo; Respondent: Gibson Nyamutswa
Court: Harare High Court
Jurisdiction: Zimbabwe
Judgment Date: 22 September 2020
Case Number: HC 5091 of 2020 ; HH 625 of 2020
Procedural Posture: Urgent Chamber Application / Application for Stay of Execution Pending Rescission
Outcome: Provisional order granted
Legal Topics: Stay of Execution, Rescission of Judgment, Eviction, Transfer of Property
Source Language: english

Civil Procedure Property Law Stay of Execution Rescission of Judgment Eviction Transfer of Property

Source-derived case record

Summary, issues, holding and outcome

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

Parties

Washington Mutongwizo

Applicant

Gibson Nyamutswa

Respondent

Procedural Posture

Urgent Chamber Application / Application for Stay of Execution Pending Rescission

Legal Issues

1 Whether execution of judgment should be stayed pending determination of application for rescission of judgment
2 Whether special circumstances exist to justify stay of execution

Ratio Decidendi

Court Disposition

Provisional order granted

Orders

Execution of judgment stayed pending determination of application for rescission in case No. HC 4936/20

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