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Harare High Court
Maureen Clarisa Hakuramidzwe Chitewe v Charter Properties (Pvt) Ltd & 4 Ors
HH 546-18
Case Details
Court
Harare High Court
Date
18 September 2018
Citation
HH 546-18
Neutral Citation
[2018] ZWHH 546
Outcome
unknown
Case Type
Urgent Application
Bench
Presiding
CHIKOWERO J
Full Bench
CHIKOWERO J
Areas of Law
Property lawCivil procedure
Keywords
ExecutionAttachmentCo-ownershipUndivided shareSheriffPublic auction
Tags
ExecutionImmovable propertyCo-ownershipAttachment
legislation
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ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether an advertisement error regarding the scope of property to be sold at execution sale invalidates the execution process","issue_type":"procedural","dispositive":"yes","related_facts":"Advertisement indicated entire property for sale when only half share was attached"}
- {"issue_text":"Whether sale of an undivided half share in immovable property is legally permissible","issue_type":"law","dispositive":"no","related_facts":"Property is co-owned in undivided shares"}
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background
Facts of the Case
Background
The applicant, co-owner of an undivided half share in immovable property, sought to interdict the sale by public auction of the entire property when only the other half share belonging to a judgment debtor had been attached. The advertisement erroneously indicated the whole property was for sale.
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