Angelina Simangele Zachariah v Shupikai Vito and Tinashe Chavi and Sheriff of Zimbabwe

HH 807-18

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Case Details

Court

Harare High Court

Date

23 October 2018

Citation

HH 807-18

Neutral Citation

[2018] ZWHH 807

Outcome

unknown

Case Type

Urgent Chamber Application

Bench

Presiding

ZHOU J

Full Bench

ZHOU J

Areas of Law

Family LawProperty LawCivil Procedure

Keywords

divorce orderproperty valuationsale in executionstay of executionnon-disclosure

Key Issues

{"issue_text":"Whether there was material non-disclosure of facts by the applicant","issue_type":"procedural","dispositive":"no","related_facts":"Correspondence between parties regarding appointment of valuer"}
{"issue_text":"Whether interim relief sought is final in effect and similar to final relief","issue_type":"procedural","dispositive":"no","related_facts":"Nature of relief sought pending HC 9531/18"}
{"issue_text":"Whether the court should stay the sale of the property pending determination of related matters","issue_type":"mixed","dispositive":"yes","related_facts":"Compliance with HC 4713/05, failure to pay within 90 days, related proceedings"}

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background

Facts of the Case

Background

The applicant sought to stay the sale of immovable property by the Sheriff, which was sold to the second respondent pursuant to a divorce order. The parties' marriage was dissolved in 2008, with the divorce order providing that the applicant could remain in the property until their youngest child turned 18, after which the property would be valued and the applicant could purchase the respondent's share or the property would be sold.

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