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MEDA v HOMELINK (PVT LTD & ANOR 2011 (2) ZLR 516 (H)

2011 (2) ZLR p516

Citation

2011 (2) ZLR 516 (H)

Case No

Judgment No. HB-195-11

Court

High Court, Bulawayo

Judge

Ndou J

Heard

30 September 2011; CAV

Judgment

15 December 2011

Counsel

L Nkomo, for the applicant
P Ncube, for the respondent

Case Type

Civil application

Annotations

No case annotations to date

Flynote

Interpretation of statutes – intention of legislature – situation not within the contemplation of legislature – need for interpretation which achieves sense rather than nonsense – such interpretation particularly necessary where statute deals with procedural matters

Practice and procedure – execution – sale in execution – dwelling house – property subject to mortgage – mortgagor not entitled to claim stay of execution

Property and real rights – immovable property – property subject to mortgage – mortgagee's right to foreclose if debt not paid – execution of warrant – mortgagor not entitled to seek suspension of execution

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