MUGUTI & ANOR v TIAN ZE TOBACCO CO (PVT) LTD & ANOR 2015 (1) ZLR 561 (H)
Citation | 2015 (1) ZLR 561 (H) |
Case No | Judgment No. HH-364-15 |
Court | High Court, Harare |
Judge | Mathonsi J |
Heard | 8 April 2015 |
Judgment | 8 April 2015 |
Counsel | E Gijima, for the applicants |
Case Type | Urgent chamber application |
Annotations | No case annotations to date |
Flynote
Court – High Court – jurisdiction – sale in execution of dwelling house – High Court's power to stay sale when debtor makes reasonable offer to pay debt – no comparable provision in rules of magistrates court – writ of execution granted by magistrates court in pursuance of judgment granted there – application to High Court to prevent sale – High Court not able to entertain such application
Practice and procedure – execution – sale – dwelling house – High Court's power to stay sale when debtor makes reasonable offer to pay debt – no comparable provision in rules of magistrates court – writ of execution granted by magistrates court in pursuance of judgment granted there – application to High Court to prevent sale – such application incompetent
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