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Harare High Court
Lucky Mutanga v Sheriff of Zimbabwe & 3 Ors
HH 03-22
Case Details
Court
Harare High Court
Date
12 January 2022
Citation
HH 03-22
Neutral Citation
[2022] ZWHH 03
Outcome
unknown
Case Type
Application
Bench
Presiding
Maxwell J
Full Bench
Maxwell J
Areas of Law
Property lawContract lawCivil procedure
Keywords
Sheriff sale in executionMortgage financeBreach of sale conditionsProperty transfer
Tags
Sheriff saleProperty transferMortgage bondBreach of conditions
legislation
Statutes Cited
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ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether applicant established a clear right to transfer of property","issue_type":"mixed","dispositive":"yes","related_facts":"Applicant paid purchase price over one year after confirmation"}
- {"issue_text":"Whether applicant satisfied requirements for interdict/mandamus","issue_type":"procedural","dispositive":"yes","related_facts":"Payment made out of time, property sold to third party"}
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background
Facts of the Case
Background
Applicant purchased property at public auction for ZW$155,000 through mortgage bond financing. After confirmation of sale, payment was delayed and eventually made in cash 13 months later. Property was sold to third party in the interim. Applicant sought order compelling transfer.
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