HB 144-18 CITY OF KWEKWE versus ANDREW WADI

CITY OF KWEKWE

versus

ANDREW WADI

 

 

HIGH COURT OF ZIMBABWE

MOYO J

BULAWAYO 4 JUNE 2018 AND 14 JUNE 2018

 

 

Urgent Chamber Application

 

 

L Nkomo for the applicant

S Siziba for the respondent

 

 

            MOYO J:       This is an urgent application where in the applicant seeks the following interim relief:

“Pending the confirmation or discharge of this order, applicant is granted the following relief:

That the execution of the judgment handed down under case number HB 51/18 be and is hereby stayed pending finalization of the application for condonation and extension of time to appeal filed by the applicant under case number SCA 384/18.”

 

            The facts of this matter are that the two parties were embroiled in a land dispute which was finalized by this court in favour of the respondent.  Applicant dissatisfied with the decision of this court sought to appeal to the Supreme Court.  The appeal was however fatally defective.  Applicant had to withdraw that appeal and then launch the application n that is the subject matter of these proceedings.

            It is an application seeking condonation and an extension of time within which to lodge an appeal at the Supreme Court.  Applicant seeks on order through this application to stay proceedings pending the finalization of its application before the Supreme Court.

 

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