City of Masvingo v Zimbabwe Urban Council Workers Union & 2 Ors

HMA 48-17

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Case Details

Court

Masvingo High Court

Date

8 September 2017

Citation

HMA 48-17

Neutral Citation

[2017] ZWHMA 48

Outcome

unknown

Case Type

Application

Bench

Presiding

Mafusire J

Full Bench

Mafusire J

Areas of Law

Property lawCivil procedureExecution law

Keywords

Rei vindicatioLienExecutionStorage costsAuctioneerSheriffArbitral award

Key Issues

{"issue_text":"Who bears obligation to pay storage costs when attached goods cannot be sold due to overturned judgment?","issue_type":"mixed","dispositive":"yes","related_facts":"Property attached under writ; judgment later overturned; auctioneer incurred storage costs"}
{"issue_text":"Does an auctioneer have valid lien against owner for storage costs?","issue_type":"law","dispositive":"yes","related_facts":"No contractual relationship; goods held as Sheriff's agent"}
{"issue_text":"Must registration order be formally set aside before property release?","issue_type":"procedural","dispositive":"no","related_facts":"Underlying award overturned; registration order still extant"}

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background

Facts of the Case

Background

The applicant municipal council's property was attached by the Sheriff in execution of an arbitral award that was later overturned by the Labour Court. The auctioneer refused to release the goods unless storage costs of $309,944 were paid. The applicant sought unconditional release of its property.

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