Dickson Kandawasvika & Anor v The Sheriff of Zimbabwe & 4 Ors

SC 95/22

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Case Details

Court

Supreme Court

Date

5 September 2022

Citation

SC 95/22

Neutral Citation

[2022] ZWSC 95

Outcome

unknown

Case Type

Appeal

Bench

Presiding

Kudya AJA

Full Bench

Guvava JABhunu JAKudya AJA

Areas of Law

Property LawCivil Procedure

Keywords

sale in executionsheriffnullitydeclaratorreviewfunctus officio

Key Issues

{"issue_text":"Whether the application for a declarator to set aside the sale in execution was improper","issue_type":"procedural","dispositive":"yes","related_facts":"Appellants brought declaratory application after withdrawing r 359(8) application"}
{"issue_text":"Whether the court a quo erred in awarding costs on a higher scale without justification","issue_type":"procedural","dispositive":"no","related_facts":"Costs awarded on higher scale as application was abuse of process"}

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Facts of the Case

Background

The appellants sought to set aside a sale in execution of their immovable property, arguing that the Sheriff's confirmation of the sale was invalid as it occurred after he had purportedly revoked the sale. The property was sold for US$120,000 against an alleged forced sale value of US$175,000 and the appellants' indebtedness of US$261,754.32.

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