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Bulawayo High Court
Bellia Zibowa and Blessing Zibowa v Isaiah Shonhiwa and Terrence Kenny and Deputy Sheriff of High Court Bulawayo N.O. and Wellington Shoko and Deeds Registry N.O. and FBC Building Society
HB 109-20
Case Details
Court
Bulawayo High Court
Date
28 May 2020
Citation
HB 109-20
Neutral Citation
[2020] ZWHB 109
Outcome
unknown
Case Type
Application
Bench
Presiding
Mabhikwa J
Full Bench
Mabhikwa J
Areas of Law
Property lawCivil procedureHigh Court rules
Keywords
Judicial saleSheriffProperty executionRule 257CondonationReview
Tags
Property saleJudicial saleSheriff's saleReview applicationCondonation
legislation
Statutes Cited
- High Court Rules, 1971
- High Court Rules, 1971
- High Court Rules, 1971
- High Court Rules, 1971
- High Court Rules, 1971
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether condonation should be granted for late filing of review application","issue_type":"procedural","dispositive":"yes","related_facts":"Initial application dismissed on technicality, merits not considered"}
- {"issue_text":"Whether the sale constituted a valid judicial sale","issue_type":"mixed","dispositive":"no","related_facts":"Sale conducted outside Sheriff's office, Sheriff only signed documents"}
- {"issue_text":"Whether res judicata applies to the previous dismissal","issue_type":"law","dispositive":"no","related_facts":"Previous dismissal was on technical grounds without merits consideration"}
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background
Facts of the Case
Background
The applicants sought condonation for late filing of a review application challenging the sale of their property No. 50 Southway, Burnside, Bulawayo. Their initial review application had been dismissed by Moyo J on a technicality for non-compliance with Rule 257 of the High Court Rules, without consideration of the merits.
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