Elina Chasi v Nyirenda Cuthbert Tamuka and The Sheriff of the High Court of Zimbabwe and Registrar of Deeds

HH 626-18

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Case Details

Court

Harare High Court

Date

10 October 2018

Citation

HH 626-18

Neutral Citation

[2018] ZWHH 626

Outcome

unknown

Case Type

Urgent Application

Bench

Presiding

Muzofa J

Full Bench

Muzofa J

Areas of Law

Property LawCivil Procedure

Keywords

sale in executionco-ownershiptransfer of propertyurgencyinterdict

Key Issues

{"issue_text":"Whether the application meets the requirements of urgency","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant's knowledge of sale since May 2018, failure to act timeously, no explanation for delay"}

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Facts of the Case

Background

The applicant and her husband were co-owners of immovable property. The husband's 50% share was mortgaged to Agricultural Bank of Zimbabwe, which upon default obtained a writ of execution. The Sheriff sold the entire property including the applicant's 50% share to the first respondent. Despite pending nullification proceedings, transfer was effected to the first respondent.

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