Innocent Paradzai Makwiramiti v Sheriff for Zimbabwe & 5 Ors

[2020] ZWSC 145

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Case Details

Court

Supreme Court

Date

14 September 2020

Citation

[2020] ZWSC 145

Judgment No.

SC 145/20

Outcome

unknown

Case Type

Appeal

Bench

Presiding

Gwaunza DCJ

Author

Mathonsi JA

Full Bench

Gwaunza DCJMathonsi JAKudya AJA

Areas of Law

Property LawCivil Procedure

Keywords

sale in executionproperty transferevictionfraudjudicial sale

Key Issues

{"issue_text":"Whether the court a quo erred in dismissing the claim for setting aside the sale in execution","issue_type":"mixed","dispositive":"yes","related_facts":"Conflicting dates on Sheriff's letter, alleged fraud"}
{"issue_text":"Whether the court a quo erred in awarding costs on punitive scale","issue_type":"procedural","dispositive":"no","related_facts":"Multiple applications by appellant causing delays"}

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background

Facts of the Case

Background

The appellant, who had judgment entered against him on 29 June 2011, had his property attached and sold by private treaty to the second respondent. After transfer was effected on 24 July 2014, the second respondent sought eviction of the appellant who remained in occupation. The appellant challenged both the sale and transfer alleging fraud and irregularities.

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