HH 189-18 NOAH CHUMULAMBE versus RAYMOND NDEBELE and Anor

NOAH CHUMULAMBE

versus

RAYMOND NDEBELE

and

THE MESSENGER OF COURT (N.O)

 

 

 

HIGH COURT OF ZIMBABWE

CHIKOWERO J

HARARE, 20 and 26 March 2018

 

 

Urgent Chamber Application of stay of Execution

 

 

Applicant in person

L. Mudisi, for the 1st respondent

2nd respondent in default

 

 

            CHIKOWERO J:  The following facts are common cause:

            On 20 October 2017 a summary judgment application was granted by the

Zvishavane magistrates court

The judgment ordered the applicant to pay to the first respondent the sum of US$5 080-00 plus interest thereon at the prescribed rate with effect from April 1st 2017 to date of full payment and costs.

The applicant appealed to this court against that entire judgment.

On 12 December 2017, with the applicant in default, the Zvishavane magistrates court granted the first respondent’s application for leave to execute pending determination of the appeal.

On 15 December 2017, the applicant filed an application for rescission of the default judgment of 12th December 2017.

The application was served on first respondent’s legal practitioners on the same day at 2.56 p.m with the set down date reflected as 26 January 2018 on the face of the application.

Come 26th January 2018 at 9.45 a.m the applicant was again in default.

His application was consequently dismissed with costs.

On 23 February 2018 the first respondent issued a writ of execution against property.

Pursuant thereto, the second respondent attached the first respondent’s household goods on 13 March 2018.

 

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2018