Foundation College v Additional Sheriff N.O. & Ors

HB 144/21

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Case Details

Court

Bulawayo High Court

Date

29 July 2021

Citation

HB 144/21

Neutral Citation

[2021] ZWHB 144

Outcome

unknown

Case Type

Application

Bench

Presiding

DUBE-BANDA J

Full Bench

DUBE-BANDA J

Areas of Law

Property LawCivil Procedure

Keywords

sale in executionrei vindicatiobona fide purchaserrescissionjudicial sale

Key Issues

{"issue_text":"Whether the order in HC 2576/18 and subsequent sale was null and void ab initio","issue_type":"law","dispositive":"no","related_facts":"Alleged fraud in obtaining registration order"}
{"issue_text":"Whether a bona fide purchaser at a sale in execution can be subject to rei vindicatio after the judgment is rescinded","issue_type":"law","dispositive":"yes","related_facts":"5th respondent purchased bus before rescission, had no knowledge of defects"}
{"issue_text":"Whether applicant made out a case for vindicating the bus from 5th respondent","issue_type":"mixed","dispositive":"yes","related_facts":"All factual circumstances including timing of sale and rescission"}

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background

Facts of the Case

Background

Foundation College sought to recover its bus that was sold in execution under a court order which was later rescinded. The bus was sold to the 5th respondent before the rescission. The College claimed the sale was null and void ab initio and sought vindication of the bus.

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