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Masvingo High Court
Tambudze Tanning Limited v Sheriff of the High Court (Gweru) & 2 Ors
HMA 31-19
Case Details
Court
Masvingo High Court
Date
25 July 2019
Citation
HMA 31-19
Neutral Citation
[2019] ZWHMA 31
Outcome
unknown
Case Type
Urgent Application
Bench
Presiding
Mafusire J
Full Bench
Mafusire J
Areas of Law
Civil procedureExecution lawProperty law
Keywords
Rule 359Sale in executionMovable propertyImmovable propertyRescission of order
Tags
ExecutionProperty attachmentSheriff's sale
legislation
Statutes Cited
- Criminal Justice Act 1991
- Crime (Sentences) Act 1997
- Human Rights Act 1998
- European Convention on Human Rights, Article 5 (right to liberty and security)
- European Convention on Human Rights, Article 3 (prohibition of torture, inhuman or degrading treatment or punishment)
- Prison Act 1952
- Criminal Justice Act 1967
- Criminal Justice Act 1982
- Criminal Justice Act 1988
- Criminal Justice and Public Order Act 1994
- Criminal Appeal Act 1968
- Criminal Appeal Act 1995
- Powers of Criminal Courts Act 1973
- Powers of Criminal Courts (Sentencing) Act 2000
- Magistrates' Courts Act 1980
- Supreme Court Act 1981
- Courts and Legal Services Act 1990
- Access to Justice Act 1999
- Legal Aid Act 1988
- Legal Services Commission Act 1999
- Prosecution of Offences Act 1985
- Police and Criminal Evidence Act 1984
- Criminal Procedure and Investigations Act 1996
- Youth Justice and Criminal Evidence Act 1999
- Criminal Evidence Act 1898
- Criminal Justice (Evidence) Act 1920
- Criminal Justice (International Co-operation) Act 1990
- Criminal Justice (Terrorism and Conspiracy) Act 1998
- Terrorism Act 2000
- Anti-terrorism, Crime and Security Act 2001
- Criminal Justice and Police Act 2001
- Criminal Justice and Court Services Act 2000
- Criminal Defence Service Act 2000
- Criminal Justice (Mode of Trial) Act 2000
- Criminal Justice (Sentencing) Act 2000
- Criminal Justice (Sentencing) Act 2002
- Criminal Justice (Sentencing) Act 2003
- Criminal Justice (Sentencing) Act 2004
- Criminal Justice (Sentencing) Act 2005
- Criminal Justice (Sentencing) Act 2006
- Criminal Justice (Sentencing) Act 2007
- Criminal Justice (Sentencing) Act 2008
- Criminal Justice (Sentencing) Act 2009
- Criminal Justice (Sentencing) Act 2010
- Criminal Justice (Sentencing) Act 2011
- Criminal Justice (Sentencing) Act 2012
- Criminal Justice (Sentencing) Act 2013
- Criminal Justice (Sentencing) Act 2014
- Criminal Justice (Sentencing) Act 2015
- Criminal Justice (Sentencing) Act 2016
- Criminal Justice (Sentencing) Act 2017
- Criminal Justice (Sentencing) Act 2018
- Criminal Justice (Sentencing) Act 2019
- Criminal Justice (Sentencing) Act 2020
- Criminal Justice (Sentencing) Act 2021
- Criminal Justice (Sentencing) Act 2022
- Criminal Justice (Sentencing) Act 2023
- Criminal Justice (Sentencing) Act 2024
- Criminal Justice (Sentencing) Act 2025
- Criminal Justice (Sentencing) Act 2026
- Criminal Justice (Sentencing) Act 2027
- Criminal Justice (Sentencing) Act 2028
- Criminal Justice (Sentencing) Act 2029
- Criminal Justice (Sentencing) Act 2030
ai analysis
Case Summary
Key Issues
- {"issue_text":"Does Rule 359 of Order 40 apply to movable property sold in execution?","issue_type":"law","dispositive":"yes","related_facts":"The property sold was movable (factory machines); Rule 359 refers to \"sale in terms of this Order\" without specifying property type"}
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background
Facts of the Case
Background
The applicant's factory machines were attached and sold in execution by the sheriff. The applicant objected to the sale citing various irregularities and sought relief under Rule 359. The court initially granted a provisional order but later rescinded it upon realizing that Rule 359 applies only to immovable property, not movables.
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