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Harare High Court
Abiather Mujeyi v Afrasia Bank Zimbabwe & 3 Ors
HH 596-18
Case Details
Court
Harare High Court
Date
3 October 2018
Citation
HH 596-18
Neutral Citation
[2018] ZWHH 596
Outcome
unknown
Case Type
Application
Bench
Presiding
MAKONI J
Full Bench
MAKONI J
Areas of Law
Property LawCivil Procedure
Keywords
Sale in executionOrder 40 rule 359Property attachmentSheriff confirmation
Tags
Sale in executionProperty valuationSheriff's procedures
legislation
Statutes Cited
- High Court Rules, Order 40
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether applicant can approach court directly under rule 359(8) without first requesting Sheriff to set aside sale","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant did not request Sheriff to set aside sale; no decision made by Sheriff"}
- {"issue_text":"Whether failure to give applicant notice to object invalidates the sale","issue_type":"procedural","dispositive":"no","related_facts":"Applicant claims he was not copied with objection letter"}
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background
Facts of the Case
Background
The applicant sought to set aside a sale in execution of his property by the Sheriff, arguing the sale price of US$39,000 was grossly low. The property had been attached following a judgment debt of US$396,782.63. The applicant claimed he was not given opportunity to object to the sale as required by rule 359.
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