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Bulawayo High Court

MANIFESTO TRADING (PVT) LTD T/A SMART PAK and RABBIT INVESTMENTS (PVT) LTD and HENRY SHONAI TOODZANISO and ZANELE NDLOVU Versus THE SHERIFF OF ZIMBABWE and OWEN TOMA and STANDARD CHARTED BANK ZIMBABWE LIMITED

HB 150/20

Case Details

Court
Bulawayo High Court
Date
16 July 2020
Citation
HB 150/20
Neutral Citation
[2020] ZWHB 150
Outcome
unknown
Case Type
Application

Bench

Presiding
MAKONESE J
Full Bench
MAKONESE J
Areas of Law
Civil ProcedureProperty LawExecution Law
Keywords
Sheriff of ZimbabweSale in executionConfirmation of saleRule 359 High Court RulesProperty execution
Tags
ExecutionSale in executionProperty saleSheriff's powers
legislation
Statutes Cited
  • High Court Rules, 1971
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether or not the applicants were notified of the date of hearing?","issue_type":"procedural","dispositive":"yes","related_facts":"Applicants' letter proposing 18 December as \"suitable\" date, Sheriff's failure to give proper notice"}
  • {"issue_text":"Whether or not the debt was paid in full and therefore no need to sale the house in execution?","issue_type":"mixed","dispositive":"no","related_facts":"Default judgment amount, applicants' claims of payment"}
  • {"issue_text":"Whether or not the house was sold at a reasonable price?","issue_type":"fact","dispositive":"no","related_facts":"Sale price of ZWL 350,000 for property in Ilanda suburb"}
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background
Facts of the Case

Background

Applicants sought to set aside Sheriff's decision confirming sale of their property in execution. The Sheriff conducted a hearing on 18 December 2019 without proper notification to applicants, who were husband and wife co-directors of applicant companies. The property was sold for ZWL 350,000 despite applicants' objections that debt was paid and price was unreasonably low.
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