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BOTHA v GWANDA RURAL DISTRICT COUNCIL 2019 (2) ZLR 212 (H)

2019 (2) ZLR p212

Citation

2019 (2) ZLR 212 (H)

Case No

Judgment No. HB- 67-19

Court

High Court, Bulawayo

Judge

Mabhikwa J

Heard

19 October 2018

Judgment

9 May 2019

Counsel

K I Phulu, for the applicant
L Nkomo, for the respondent

Case Type

Application for leave to execute pending appeal

Annotations

Flynote

Appeal – execution – leave to execute judgment pending appeal – application for – pre-requisites to be satisfied before court can grant such order – meaning of frivolous and vexatious appeal – court will only grant execution pending appeal in exceptional circumstances

Practice and procedure – execution – pending appeal – application for leave to execute – when may be granted – pre-requisites to be satisfied before court can grant such order – meaning of frivolous and vexatious appeal – court will only grant execution pending appeal in exceptional circumstances

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