Belia Zibowa and Blessing Zibowa v Isaiah Shonhiwa and Terrence Kenny and Sheriff of the High Court (No) and Willing Shoko and Registrar of Deeds (No) and FBC Building Society

HB 52-19

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Case Details

Court

Bulawayo High Court

Date

11 April 2019

Citation

HB 52-19

Neutral Citation

[2019] ZWHB 52

Outcome

unknown

Case Type

Application

Bench

Presiding

Moyo J

Full Bench

Moyo J

Areas of Law

Property LawCivil Procedure

Keywords

sale in executionreviewrule 257condonationirregularities

Key Issues

{"issue_text":"Whether the application for review complied with Order 33 Rule 257 requiring statement of exact relief prayed for","issue_type":"procedural","dispositive":"yes","related_facts":"Application face did not contain exact relief; applicants claimed it was in paragraphs 11-13 and draft order"}
{"issue_text":"Whether applicants were entitled to condonation under Rule 4C for non-compliance with rules","issue_type":"procedural","dispositive":"no","related_facts":"Applicants made no case for departure from rules; sought bare indulgence"}

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Facts of the Case

Background

Applicants sought review of a sale in execution by the Sheriff of their co-owned property, alleging gross irregularities in the attachment, sale and transfer process. The 6th respondent raised a point in limine that the application was fatally defective for failure to comply with Order 33 Rule 257 which requires an application for review to state the exact relief prayed for.

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