{"issue_text":"Whether the application is barred by res judicata","issue_type":"procedural","dispositive":"yes","related_facts":"Same parties, same property, same cause of action as HB 249/20"}
{"issue_text":"Whether the claim has prescribed","issue_type":"procedural","dispositive":"yes","related_facts":"More than 3 years elapsed since confirmation of sale on 6 October 2016"}
{"issue_text":"Whether the sale was fraudulent and should be set aside","issue_type":"mixed","dispositive":"no","related_facts":"Allegations of irregular sale process and sale below market value"}
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background
Facts of the Case
Background
Applicant sought to set aside sale of property (Stand 11, Bulawayo Light Industrial Site) that was sold by Sheriff at public auction, claiming the sale was fraudulent and tainted with irregularities. Respondents raised defences of res judicata and prescription.
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