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Harare High Court
FARAI BWATIKONA ZIZHOU versus THE SHERIFF OF ZIMBABWE N.O. and RITA MARQUE MBATHA and REALTY WORLD (PVT) LTD
HH 201-23
Case Details
Court
Harare High Court
Date
21 March 2023
Citation
HH 201-23
Neutral Citation
[2023] ZWHH 201
Outcome
unknown
Case Type
Application
Bench
Presiding
Munangati-Manongwa J
Full Bench
Munangati-Manongwa J
Areas of Law
Civil ProcedureExecution Law
Keywords
rule 15(8)notice of set downservice costssale in executionproperty attachment
Tags
execution salesheriff's salerule complianceprocedural defect
legislation
Statutes Cited
- High Court Rules, 2021
- High Court Rules, 2021
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether failure to comply with rule 15(8) by not paying service costs at time of filing renders application abandoned","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant paid service costs late; no condonation sought"}
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background
Facts of the Case
Background
The applicant objected to a sale in execution of his property, alleging inadequate advertisement, non-compliance with sale conditions, unreasonably low price, and public policy concerns about a judgment creditor purchasing the property. The second respondent raised a point in limine that the applicant failed to comply with rule 15(8) by not paying service costs at the time of filing the application.
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