Tendayi Joshua Govere (Executor Estate Late David Govere N.O 2814/22) and Virginia Govere v NMB Bank Limited and Sheriff of the High Court of Zimbabwe (N.O) and Registrar of Deeds (N.O)

HH 309-24

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Case Details

Court

Harare High Court

Date

24 July 2024

Citation

HH 309-24

Neutral Citation

[2024] ZWHH 309

Outcome

unknown

Case Type

Application

Bench

Presiding

ZHOU J

Full Bench

ZHOU J

Areas of Law

Property LawCivil ProcedureBanking Law

Keywords

declaratory orderlis pendensreview applicationsuretyshipproperty attachmentsheriff's sale

Key Issues

{"issue_text":"Whether the current application is barred by lis pendens due to pending HC 7996/14","issue_type":"procedural","dispositive":"yes","related_facts":"HC 7996/14 remains pending; same parties; same subject matter; same relief sought"}
{"issue_text":"Whether the current application is a review disguised as a declaratur","issue_type":"procedural","dispositive":"yes","related_facts":"Application challenges Sheriff's decision-making process; seeks to declare decision nullity"}

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Facts of the Case

Background

The applicants, executor and beneficiary of the late David Govere's estate, sought a declaratory order challenging the attachment and sale of Govere's property by the Sheriff to NMB Bank. The property was attached to satisfy a debt owed by Coldrac Products (Private) Limited, for which Govere had signed a suretyship agreement. The sale was completed in 2015, and Govere had previously filed HC 7996/14 challenging the sale, which remained pending.

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