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Supreme Court
Abigail Mutize v FMC Financial Services (Private) Limited & 4 Ors
[2020] ZWSC 112
Case Details
Court
Supreme Court
Date
14 September 2020
Citation
[2020] ZWSC 112
Judgment No.
SC 112/20
Outcome
unknown
Case Type
Appeal
Bench
Presiding
Gwaunza DCJ
Author
Mathonsi JA
Full Bench
Gwaunza DCJUchena JAMathonsi JA
Areas of Law
Property LawCivil Procedure
Keywords
sale in executionevictiontransfer of propertybank guaranteecommon law challenge
Tags
sale in executionevictionvindicatory actionrei vindicatio
legislation
Statutes Cited
- High Court Rules, 1971
- High Court Rules, 1971
- Supreme Court Rules, 2018
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the sale of the house in execution was valid","issue_type":"mixed","dispositive":"yes","related_facts":"Sale confirmed 31 May 2018, transfer effected, payment made 5 months later, bank guarantee issued"}
- {"issue_text":"Whether the requirements for the eviction of the appellant were satisfied","issue_type":"law","dispositive":"yes","related_facts":"Second respondent became registered owner, appellant in occupation"}
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background
Facts of the Case
Background
The appellant's house was sold in execution to satisfy a debt. She challenged the sale alleging late payment of purchase price and transfer before payment. The High Court dismissed her challenge and granted eviction. She appealed to the Supreme Court.
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