Shakespear Nyamadzawo v Sheriff of the High Court of Zimbabwe N.O. and Godfrey Munyamana and Lincoln Siwa Gorogodo and Portia Gorogodo and Plaxedes Taruvinga and Registrar of Deeds N.O.

HH 259-21

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Case Details

Court

Harare High Court

Date

26 May 2021

Citation

HH 259-21

Neutral Citation

[2021] ZWHH 259

Outcome

unknown

Case Type

Application

Bench

Presiding

Manzunzu J

Full Bench

Manzunzu J

Areas of Law

Property lawCivil procedureExecution

Keywords

Sheriff's sale confirmationRule 359(8)Transfer of propertyCondonationReview application

Key Issues

{"issue_text":"Is it legally competent to bring an application for review of the Sheriff's decision under Rule 359(8) after transfer of the property has passed to the purchaser?","issue_type":"procedural","dispositive":"yes","related_facts":"Transfer effected on 8 May 2020, application filed 24 June 2020"}

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background

Facts of the Case

Background

The applicant, a judgment debtor whose immovable property was attached and sold in execution, sought condonation to file a late application to review the Sheriff's decision confirming the sale. The property had already been transferred to the purchasers (3rd and 4th respondents) on 8 May 2020.

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