Cornelio Sunduza and Yvonne Sunduza v The Additional Sheriff of the High Court in Bulawayo and Multiridge Finance (Private) Limited and Nappon Investments (Private) Limited and Registrar of Deeds in Bulawayo N.O.

HB 89-20

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Case Details

Court

Bulawayo High Court

Date

21 May 2020

Citation

HB 89-20

Neutral Citation

[2020] ZWHB 89

Outcome

unknown

Case Type

Application

Bench

Presiding

Mabhikwa J

Full Bench

Mabhikwa J

Areas of Law

Property LawCivil Procedure

Keywords

sale in executionsheriff's confirmationauctionproperty valuation

Key Issues

{"issue_text":"Whether the sheriff erred in confirming the sale of the property for $60,000 when the applicants' valuation report valued it at $160,000","issue_type":"mixed","dispositive":"yes","related_facts":"Sale price of $60,000; valuation report of $160,000; property properly advertised and auctioned"}
{"issue_text":"Whether the application was filed timeously under Order 40 Rule 359(8)","issue_type":"procedural","dispositive":"no","related_facts":"Confirmation dated 7 September 2018; amended confirmation 3 October 2018; application filed 19 October 2018"}

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background

Facts of the Case

Background

The applicants sought to set aside the confirmation of sale of their immovable property that was sold at public auction for $60,000. They objected that the price was unreasonably low and presented a valuation report valuing the property at $160,000. The sheriff dismissed their objection and confirmed the sale.

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