HH 355-18 HARARE INSTITUTE OF TECHNOLOGY and Anor versus MABOREKE ARCHITECTS and Anor

HARARE INSTITUTE OF TECHNOLOGY

and

QUINTON KANHUKAMWE N.O.

versus

MABOREKE ARCHITECTS

and

SHERIFF OF ZIMBABWE N.O.

 

 

HIGH COURT OF ZIMBABWE

TAGU J

HARARE, 12 and 27 June 2018

 

 

Urgent Application

 

 

K Kachambwa, for applicants

T Nyahuma, for respondents

 

          TAGU J: The sole issue to be determined in this case is whether or not the interim relief being sought should be granted. That is whether or not a writ of execution issued under case number HC 11040/16 should be stayed and the attached property be released to the applicants. Upon being served with the application the respondents raised a number of preliminary points. However, at the hearing of the matter the parties agreed to abandon the preliminary points that had been raised by the respondents. This left the court to decide whether or not the interim relief being sought should be granted or not. The interim relief sought is as follows:

         “TERMS OF FINAL ORDER SOUGHT

That you show cause to this Honourable Court why a final order should not be made in the following terms-

  1. First Respondent’s movable property under judicial attachment in execution of the writ under case number HC 11040/16 is hereby released.
  2. First Respondent shall pay costs of suit on a legal practitioner and client scale.

INTERIM RELIEF GRANTED

Pending determination of this matter, the Applicant is granted the following relief-

 

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