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Supreme Court
CBZ Bank Limited v David Moyo (2) Deputy Sheriff Harare
SC 17/18
Case Details
Court
Supreme Court
Date
8 March 2018
Citation
SC 17/18
Neutral Citation
[2018] ZWSC 17
Outcome
unknown
Case Type
Appeal
Bench
Presiding
UCHENA JA
Full Bench
PATEL JAMAVANGIRA JAUCHENA JA
Areas of Law
Property LawCivil Procedure
Keywords
writ of executionattachmentbona fide purchaserregistration of transfercaveat
Tags
immovable propertyexecutioninterpleaderspecial circumstances
legislation
Statutes Cited
- Deeds Registries Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether a bona fide purchaser has protection at law other than personal rights against the seller when property is still registered in seller's name","issue_type":"law","dispositive":"yes","related_facts":"Purchase before judgment, payment of full price, inability to transfer due to caveat"}
- {"issue_text":"Whether special circumstances exist to stay execution against property purchased before judgment","issue_type":"mixed","dispositive":"yes","related_facts":"Prior purchase, payment, attempts to transfer, caveat registration"}
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background
Facts of the Case
Background
CBZ Bank obtained judgment against Nompiliso Maphosa and attached her immovable property. David Moyo, who had purchased the property in August 2010 before the judgment, challenged the attachment through interpleader proceedings. The High Court stayed execution in Moyo's favor, finding special circumstances existed.
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