Damson v Dzipange and Another (830 of 2022) [2022] ZWHHC 830 (16 November 2022)

Damson v Dzipange and Another (830 of 2022) [2022] ZWHHC 830 (16 November 2022)

A stay of execution pending rescission is justified where real and substantial justice requires it, especially to prevent the rescission application from being rendered academic and to allow the applicant the right to be heard. The applicant is entitled to occupy only the portion of land she occupied as of the judgment date, and is interdicted from interfering with the respondents' enjoyment and occupation of the property.

Citation
[2022] ZWHHC 830
Parties
Applicant: Zuwa Damson; Respondent: Lovemore Dzipange; Respondent: Elinah Dzipange
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
16 November 2022
Case Number
830 of 2022
Procedural Posture
Urgent Chamber Application for Stay of Execution / Ruling on Application for Stay of Execution Pending Rescission
Outcome
Stay of execution granted in part, pending determination of rescission application
Legal Topics
Stay of Execution, Rescission of Judgment, Land Rights Under Offer Letter, Interdicts
Source Language
English
Civil Procedure Land Law Stay of Execution Rescission of Judgment Land Rights Under Offer Letter Interdicts

Case Brief

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Parties

Zuwa Damson

Applicant

Lovemore Dzipange

Respondent

Elinah Dzipange

Respondent

Procedural Posture

Urgent Chamber Application for Stay of Execution / Ruling on Application for Stay of Execution Pending Rescission

Legal Issues

  1. 1 Whether real and substantial justice requires a stay of execution pending determination of rescission application
  2. 2 Whether the applicant is entitled to interim relief against execution of the default judgment

Ratio Decidendi

A stay of execution pending rescission is justified where real and substantial justice requires it, especially to prevent the rescission application from being rendered academic and to allow the applicant the right to be heard. The applicant is entitled to occupy only the portion of land she occupied as of the judgment date, and is interdicted from interfering with the respondents' enjoyment and occupation of the property.

Court Disposition

Stay of execution granted in part, pending determination of rescission application

Orders

  • Execution of the judgment of CHIRAWU-MUGOMBA J dated 21 October 2022 in case number HC 5592/20 is suspended except for the interdict against applicant interfering with respondents' enjoyment, use and occupation of the property.
  • Applicant entitled to occupy only the piece of land she occupied on 21 October 2022.