David Chiweza and Khumbula Chiweza v Munyaradzi Paul Mangwana and Pauline Mangwana and CBZ Bank Limited and The Sheriff for Zimbabwe and The Registrar of Deeds, Harare N.O.

HH 186-17

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Case Details

Court

Harare High Court

Date

22 March 2017

Citation

HH 186-17

Neutral Citation

[2017] ZWHH 186

Outcome

unknown

Case Type

Application

Bench

Presiding

Dube J

Full Bench

Dube J

Areas of Law

Property LawCivil ProcedureAdministrative Law

Keywords

judicial saleprivate treatysheriffcondonationreviewforced sale valuemarket value

Key Issues

{"issue_text":"Whether condonation should be granted for late filing of review application","issue_type":"procedural","dispositive":"yes","related_facts":"Delay of about 1.5 months from awareness, unreasonable explanation"}
{"issue_text":"Whether the Sheriff's sale was procedurally fair","issue_type":"procedural","dispositive":"no","related_facts":"Failure to notify at correct address, no opportunity to object"}
{"issue_text":"Whether the sale price was unreasonably low","issue_type":"mixed","dispositive":"no","related_facts":"Sale at $260,000 vs forced sale value $307,000"}

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background

Facts of the Case

Background

The applicants, owners of immovable property sold by the Sheriff through private treaty, sought condonation for late filing of a review application. The Sheriff failed to notify them at their correct address of the sale proceedings and their right to object, resulting in the property being sold for $260,000 when market value was $450,000 and forced sale value was $307,000.

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