David Chiweza and Kumbula Chiweza v Munyaradzi Paul Mangwana and Pauline Mangwana and Commercial Bank of Zimbabwe Limited and The Sheriff of Zimbabwe N.O.

HH 55-21

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Case Details

Court

Harare High Court

Date

17 February 2021

Citation

HH 55-21

Neutral Citation

[2021] ZWHH 55

Outcome

unknown

Case Type

Application

Bench

Presiding

Charewa J

Full Bench

Charewa J

Areas of Law

Property lawCivil procedureHigh Court Rules

Keywords

Sale in executionConfirmation of saleRule 359(8)CondonationWant of prosecutionSetting aside

Key Issues

{"issue_text":"Whether HC694/20 should be dismissed for want of prosecution","issue_type":"procedural","dispositive":"yes","related_facts":"Application filed out of time, no condonation sought, no prosecution for over a year"}
{"issue_text":"Whether the order in HC3113/17 is ambiguous and requires correction","issue_type":"procedural","dispositive":"no","related_facts":"Applicants claim ambiguity in previous order they drafted"}
{"issue_text":"Whether condonation should be granted for late filing of HC694/20","issue_type":"procedural","dispositive":"yes","related_facts":"Two-day delay explained as mistake of law, three-week delay in seeking condonation"}

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background

Facts of the Case

Background

The applicants, who had their immovable property sold in execution by the sheriff, brought multiple applications challenging the sale confirmation. They had previously obtained an order in HC3113/17 setting aside the confirmation and remitting the matter, but after the sheriff re-confirmed the sale, they filed further applications out of time without condonation.

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