HB 106-18 MAVETA ANDERSON Versus THE ADMINISTRATOR, SMM HOLDINGS (PVT) LTD And Anor

MAVETA ANDERSON

 

Versus

 

THE ADMINISTRATOR, SMM HOLDINGS (PVT) LTD

 

And

 

THE DEPUTY SHERIFF N.O.

 

IN THE HIGH COURT OF ZIMBABWE

MAKONESE J

BULAWAYO 22 MARCH & 26 APRIL 2018

 

Urgent Chamber Application

 

Advocate Siziba for the applicant

Ms P. Chigariro for the 1st respondent

            MAKONESE J:        On 19th March 2018 the applicant filed an urgent chamber application seeking the following relief:-

            “Interim relief

 

  1. The respondents are ordered to stop evicting the applicant from house number 3 Inyala Drive, Advolorem, Zvishavane.
  2. There be no order as to costs.”

 

Final relief

 

  1. Execution of the default judgment obtained in case number HC 1103/2017 be and is hereby stayed pending the outcome of the application for rescission of judgment.
  2. There be no order as to costs.”

The application was primarily opposed on the grounds that there is no urgency warranting the relief sought.  It was also contended on behalf of the 1st respondent that there is no prima facie right that has been established for the applicant to be entitled to an order for stay of execution.

 

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2018