Sale in executionImmovable propertyDwelling houseHardshipReasonable offerJudgment debt
Tags
Sale in executionImmovable propertyDebt recoveryExecution proceedings
legislation
Statutes Cited
High Court Rules, 1971
Constitution of Zimbabwe Amendment (No. 20) Act, 2013
ai analysis
Case Summary
Key Issues
{"issue_text":"Whether the applicants have satisfied the requirements for postponement or suspension of sale in execution under Order 40 r 348A (5e)","issue_type":"mixed","dispositive":"yes","related_facts":"Occupation of property, hardship if evicted, reasonableness of settlement offer"}
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background
Facts of the Case
Background
The applicants, a married couple with four children, sought to suspend the sale in execution of their only residence (2061 Bluffhill Township) to pay a judgment debt of US$59,361.32 plus 30% interest awarded to MBCA Bank. They offered monthly installments of US$1,800 over 50 months, claiming hardship if evicted.
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