HB 101-18 BOTTOM ARMATURE WINDING (PVT) LTD versus CLEMINSON AND PLASKITT (PVT) LTD and Anor

BOTTOM ARMATURE WINDING (PVT) LTD

versus

CLEMINSON AND PLASKITT (PVT) LTD

and

DEPUTY SHERIFF

 

 

HIGH COURT OF ZIMBABWE

MOYO J

BULAWAYO 15 MARCH 2018 AND 12 APRIL 2018

 

 

Urgent Chamber Application

 

 

S Chamunorwa for the applicant

Mrs M Moyo-Masiye for the 1st respondent

 

 

            MOYO J:       The applicant in this matter filed an application seeking an interim order as follows:

“Pending the final determination of this matter, the applicant is granted the following relief:

  1. The respondents be and are hereby interdicted from executing on the warrants of execution and ejectment issued in case number HC 763/17
  2. In the event that execution has commenced, the 2nd respondent be and is hereby ordered to release the applicant’s property from attachment and then cease the eviction of the applicant from the premises known as number 6 Cowden Road, Steeldale Bulawayo.”

The applicant in its founding affidavit paragraph 4, states that this is an application for an order confirming that the judgment of this Honourable court granted on 22 February 2018 was suspended by the noting of the appeal in the Supreme Court under S/C 115/18 and further that the provisional order of 15 December 2017 in HC 3276/17 has the effect of staying executive of the judgment of this court of 9 November 2017.  Respondents opposes that order and says applicant cannot be entitled to that order as once discharged a provisional order lapses despite an appeal and can therefore not be so reviewed.

 

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2018