FBC Bank Limited v Registrar of Deeds and Others

HH 493-22

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Case Details

Court

Harare High Court

Date

20 July 2022

Citation

HH 493-22

Neutral Citation

[2022] ZWHH 493

Outcome

unknown

Case Type

Opposed application

Bench

Presiding

Chilimbe J

Full Bench

Chilimbe J

Areas of Law

Property LawMortgage LawCivil Procedure

Keywords

Mortgage bondsProperty registrationCaveatRescission of judgmentStand 80 Borrowdale Brook

Key Issues

{"issue_text":"Whether the order in HC 375/20 should be interpreted to require reinstatement of mortgage bonds","issue_type":"law","dispositive":"yes","related_facts":"Wording of rescission order, historical analysis of case"}
{"issue_text":"Whether the loan obligations remain outstanding sufficient to justify mortgage bond reinstatement","issue_type":"fact","dispositive":"no","related_facts":"Sheriff's sale proceeds, outstanding debt amount"}
{"issue_text":"Whether FBC Bank qualifies for caveat registration over the property","issue_type":"law","dispositive":"yes","related_facts":"Caveatable interest requirements, pending proceedings"}

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background

Facts of the Case

Background

FBC Bank Limited seeks re-registration of mortgage bonds and caveat on Stand 80 Borrowdale Brook property after court order rescinded previous default judgment that had declared the property executable. The property was originally mortgaged to secure a US$300,000 loan to Honeypot Investments, but after default and sheriff's sale, title was transferred to FBC Bank. Subsequent rescission of the default judgment restored title to Honeypot Investments, leading to the current application.

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