Kenneth Schofield v FBC Bank Limited and The Sheriff of the High Court of Zimbabwe N.O.

HH 240-18

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Case Details

Court

Harare High Court

Date

4 May 2018

Citation

HH 240-18

Neutral Citation

[2018] ZWHH 240

Outcome

unknown

Case Type

Urgent Application

Bench

Presiding

Chikowero J

Full Bench

Chikowero J

Areas of Law

Banking LawCivil Procedure

Keywords

mortgage bondspecially executablesale in executiondwelling protection

Key Issues

{"issue_text":"Whether an application under Rule 348A (5a) can be brought as an urgent chamber application","issue_type":"procedural","dispositive":"no","related_facts":"Application filed as urgent chamber with certificate of urgency"}
{"issue_text":"Whether Rule 348A (5a) applies to a dwelling declared specially executable by court order","issue_type":"mixed","dispositive":"yes","related_facts":"Dwelling mortgaged and declared specially executable"}

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background

Facts of the Case

Background

Applicant sought to suspend sale in execution of his dwelling under Rule 348A (5a), but the property had been declared specially executable by court order dated 30 March 2016. The dwelling was mortgaged to FBC Bank Limited as security for a loan.

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