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Harare High Court
Godfrey Chindomu and Nomusa Chindomu and Global Horizon (Private) Limited v FMC Finance (Private) Limited and Sheriff of the High Court
HH 543-25
Case Details
Court
Harare High Court
Date
15 September 2025
Citation
HH 543-25
Neutral Citation
[2025] ZWHH 543
Outcome
unknown
Case Type
Application
Bench
Presiding
Dube-Banda J
Full Bench
Dube-Banda J
Areas of Law
Property LawCivil ProcedureExecution
Keywords
sale in executiondwellinggreat hardshipreasonable offerr 71(14)r 71(15)r 71(18)
Tags
executionsale in executionsuspension of salegreat hardshipreasonable offer
legislation
Statutes Cited
- High Court Rules, 2021
ai analysis
Case Summary
Key Issues
- {"issue_text":"Do the applicants satisfy the jurisdictional requirements under r 71(18) for suspension of sale in execution?","issue_type":"mixed","dispositive":"yes","related_facts":"Occupation, alleged great hardship, offer of USD10,000 monthly"}
- {"issue_text":"Will the applicants and their family suffer great hardship if the dwelling is sold?","issue_type":"fact","dispositive":"no","related_facts":"Eight occupants, medical condition, elderly resident, no alternative home"}
- {"issue_text":"Is the offer of USD10,000 per month a reasonable offer to settle the judgment debt?","issue_type":"fact","dispositive":"no","related_facts":"Debt doubled, no payments made under offer, history of broken promises"}
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background
Facts of the Case
Background
The applicants sought suspension of sale in execution of their dwelling under r 71(14)-(18) after defaulting on a deed of settlement and subsequent default judgment. They claimed great hardship and offered monthly payments of USD10,000. The court found no great hardship and the offer unreasonable.
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