Munyuki Robert Armitage Chikwavira v The Sheriff of Zimbabwe and Central Africa Building Society

HH 357-13

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Case Details

Court

Harare High Court

Date

16 October 2013

Citation

HH 357-13

Neutral Citation

[2013] ZWHH 357

Outcome

unknown

Case Type

Application

Bench

Presiding

Dube J

Full Bench

Dube J

Areas of Law

Property LawCivil Procedure

Keywords

Sale in executionSheriff confirmationInadequate advertisementProperty valuationJudicial sale setting aside

Key Issues

{"issue_text":"Whether the sale in execution was properly conducted given the inadequacy of the property advertisement","issue_type":"procedural","dispositive":"yes","related_facts":"Advertisement described 3 bedrooms instead of 5, mentioned cottage instead of second house, stated one borehole instead of two, omitted fowl run details"}
{"issue_text":"Whether the property was sold for an unreasonably low price","issue_type":"mixed","dispositive":"no","related_facts":"Property sold for $81,000 while applicant's valuators valued it at $140,000 market value and $105,000 forced sale value"}

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Facts of the Case

Background

The applicant borrowed $45,000 from Central Africa Building Society secured by mortgage bond over his residential property. When he failed to repay, judgment was obtained and his property was attached and sold at public auction for $81,000. The applicant objected to the sale on grounds of inadequate advertisement and unreasonably low price, but the Sheriff confirmed the sale. The applicant then brought this application to set aside the sale.

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