Dr Millicent Mombeshora v The Sheriff of the High Court of Harare and Kingdom Bank Limited (In Liquidation) and Tendai Jemwa

HH 751-17

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Case Details

Court

Harare High Court

Date

8 November 2017

Citation

HH 751-17

Neutral Citation

[2017] ZWHH 751

Outcome

unknown

Case Type

Review

Bench

Presiding

Makoni J

Full Bench

Makoni J

Areas of Law

Property LawCivil Procedure

Keywords

sale in executionundivided sharematrimonial homeunreasonable pricereview of sheriff's decision

Key Issues

{"issue_text":"Whether the Sheriff's decision to confirm sale for US$140,000 was grossly unreasonable","issue_type":"mixed","dispositive":"yes","related_facts":"Sale price US$140,000; claimed value US$500,000; no sworn valuation provided"}
{"issue_text":"Whether applicant proved poor advertising affected sale price","issue_type":"fact","dispositive":"no","related_facts":"Advertised twice in Herald; applicant produced no advert copies"}
{"issue_text":"Whether matrimonial home status prevents sale of undivided half share","issue_type":"law","dispositive":"no","related_facts":"Property jointly owned; husband didn't object; house appeared vacant"}

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background

Facts of the Case

Background

The applicant sought review of the Sheriff's decision confirming sale of her undivided half-share in a property by private treaty for US$140,000. She alleged the price was unreasonably low (market value US$500,000), advertising was poor, and it was her matrimonial home. The Sheriff had dismissed her objection for lack of sworn valuation.

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