Biggie Chinoperekwei vs Anna Trading (Pvt) Ltd

HH 324-21

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Case Details

Court

Harare High Court

Date

15 June 2021

Citation

HH 324-21

Neutral Citation

[2021] ZWHH 324

Outcome

unknown

Case Type

Application

Bench

Presiding

Tagu J

Full Bench

Tagu J

Areas of Law

Civil ProcedureProperty LawJudicial Sales

Keywords

Frivolous and vexatiousJudicial saleProperty transferSheriff of ZimbabweMortgage bond

Key Issues

{"issue_text":"Whether the claim under HC 2721/19 is frivolous and vexatious","issue_type":"law","dispositive":"yes","related_facts":"Sale confirmation, transfer completion, lack of allegations against applicant"}
{"issue_text":"Whether the sale of the immovable property ought to be set aside","issue_type":"law","dispositive":"yes","related_facts":"Sale confirmation, transfer completion, lack of fraud allegations"}
{"issue_text":"Whether applicant is entitled to costs on attorney client scale","issue_type":"law","dispositive":"yes","related_facts":"Frivolous and vexatious nature of claim"}

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background

Facts of the Case

Background

Applicant purchased Stand 105 Emerald Hill Township at a Sheriff's auction in 2014 for US$105,000. The sale was confirmed by court and property transferred to applicant in 2015. Respondent, holder of a mortgage bond on the property, filed action HC 2721/19 in 2019 seeking to set aside the sale and transfer. Applicant now seeks dismissal of this action as frivolous and vexatious.

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