Bernard Jaravaza v MBCA Bank Limited and The Sheriff of Zimbabwe and Registrar of Deeds N.O and Trueness Mutamire

HH 58-21

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Case Details

Court

Harare High Court

Date

10 February 2021

Citation

HH 58-21

Neutral Citation

[2021] ZWHH 58

Outcome

unknown

Case Type

Application

Bench

Presiding

TAGU J

Full Bench

TAGU J

Areas of Law

Property lawCivil procedureSheriff's sales

Keywords

Sheriff's confirmation of saleJudicial sale objectionProperty transfer reversal

Key Issues

{"issue_text":"Whether the Sheriff's confirmation of sale should be set aside due to irregular handling","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant's failure to comply with conditions, Sheriff's confirmation before debt payment"}
{"issue_text":"Whether the court should protect the interests of innocent purchasers in judicial sales","issue_type":"law","dispositive":"no","related_facts":"Fourth respondent was declared highest bidder and purchased in good faith"}

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background

Facts of the Case

Background

The applicant sought to set aside the Sheriff's confirmation of sale of his immovable property to the fourth respondent. The applicant had failed to comply with the Sheriff's conditions for objection to the sale, including failing to pay $10,000 required by Clip Crunt Real Estate for drafting a sale agreement. The Sheriff confirmed the sale on 11 October 2018, and the judgment debt was later paid after confirmation.

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