PUWAI CHIUTSI versus ELIOT RODGERS and THE SHERIFF OF THE HIGH COURT

HH 547-17

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Case Details

Court

Harare High Court

Date

24 August 2017

Citation

HH 547-17

Neutral Citation

[2017] ZWHH 547

Outcome

unknown

Case Type

Opposed Application

Bench

Presiding

CHIGUMBA J

Full Bench

CHIGUMBA J

Areas of Law

Civil ProcedureExecution LawProperty Law

Keywords

Postponement of saleSuspension of executionDwelling houseNotice of attachmentTime limitsCondonation

Key Issues

{"issue_text":"Whether the chamber application was brought within the time limits prescribed by rule 348A(5a)","issue_type":"procedural","dispositive":"yes","related_facts":"Service of notice of attachment on 26 July 2016, filing of application on 21 July 2017"}
{"issue_text":"Whether condonation for late filing was properly sought","issue_type":"procedural","dispositive":"yes","related_facts":"No substantive application for condonation was filed"}
{"issue_text":"Whether the notice referred to in rule 348A(5a) is the notice of attachment or notice of sale","issue_type":"law","dispositive":"yes","related_facts":"Interpretation of rule 348A(5a) and rule 347"}

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Facts of the Case

Background

The applicant sought postponement or suspension of the sale in execution of his property occupied by his ex-wife and children. The property was attached pursuant to a writ of execution issued on 29 January 2016 in case HC 649/17. The applicant was served with notice of attachment on 26 July 2016 but only filed this chamber application on 21 July 2017, well outside the 10-day period prescribed by rule 348A(5a).

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