NEVERMIND CHINGWENA

versus

SMM HOLDINGS (PVT) LTD

AND THE ADMINISTRATOR

and

THE SHERIFF OF COURT N.O

HIGH COURT OF ZIMBABWE

TAKUVA J

BULAWAYO 31 JANUARY 2018 AND 12 APRIL 2018

Urgent Chamber Application

S Chivivi for the applicant

P Chigariro for 1^st the respondent

No appearance for the 2^nd respondent

TAKUVA J:  The applicant was employed by the first respondent.  As part of his employment benefits, applicant was allocated house number 36 School Avenue Noelvale Zvishavane.  Between 11 and 20 March 2011 applicant deserted from work and was dismissed after due process on 27 March 2011.  The applicant did not appeal against the dismissal which still stands to date.  The first respondent considered the contract of employment effectively terminated thereby stripping the applicant of all rights that had accrued to him as a consequence of the employment relationship.

Applicant remained in occupation of first respondent’s property prompting the latter to issues summons for eviction on 23 August 2016.  Applicant entered appearance to defend and filed his plea on 28 September 2016.  On or about the 31 August 2017, first respondent filed an application for summary judgment under case number HC 1101/17.  A default judgment was subsequently granted against applicant.  First respondent obtained a warrant of ejectment and served it on applicant’s sister on 12 January 2018.  The applicant then filed this application for stay of execution arguing that neither his legal practitioners nor his corresponding lawyers received the application for summary judgment.  The relief he seeks is as follows;