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Harare High Court

Central Africa Building Society v Tinashe Able Chimanikire & 2 Ors

HH 470-18

Case Details

Court
Harare High Court
Date
8 August 2018
Citation
HH 470-18
Neutral Citation
[2018] ZWHH 470
Outcome
unknown
Case Type
Application

Bench

Presiding
Kwenda J
Full Bench
Kwenda J
Areas of Law
Civil procedureExecution of judgmentsProperty law
Keywords
Execution salePrivate treatyWant of prosecutionSetting aside sale
Tags
Execution of judgmentProperty saleChamber application
legislation
Statutes Cited
  • High Court Rules, 1971
  • High Court Rules, 1971
  • High Court Rules, 1971
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the application in HC 2702/18 should be dismissed for want of prosecution","issue_type":"procedural","dispositive":"yes","related_facts":"Failure to file answering affidavit or set down application more than a month after service"}
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background
Facts of the Case

Background

A property belonging to the second respondent was sold in execution to the fourth respondent for $230,000. The first and second respondents objected and undertook to bring a purchaser with a higher offer but failed to do so. They then filed an application (HC 2702/18) to set aside the sale but failed to prosecute it, leading to this chamber application for dismissal.
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