Goldlock Industries (2003) (Pvt) Ltd (Under Liquidation) v Sheriff of Zimbabwe & 5 Ors

HH 423-21

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Case Details

Court

Harare High Court

Date

18 August 2021

Citation

HH 423-21

Neutral Citation

[2021] ZWHH 423

Outcome

unknown

Case Type

Application

Bench

Presiding

Chinamora J

Full Bench

Chinamora J

Areas of Law

Company LawProperty LawCivil Procedure

Keywords

liquidationexecution saledeclaratory reliefjudicial caveatmortgage bond

Key Issues

{"issue_text":"Whether property sold in execution but not yet transferred remains asset of company in liquidation","issue_type":"mixed","dispositive":"yes","related_facts":"Judicial sale completed before liquidation; transfer not effected"}
{"issue_text":"Whether liquidator can recover property already sold in execution","issue_type":"law","dispositive":"no","related_facts":"Section 276 Companies Act; completion of judicial sale"}
{"issue_text":"Whether non-compliance with High Court Rules invalidates completed sale","issue_type":"procedural","dispositive":"no","related_facts":"Rules 352, 358, 359; Sheriff's confirmation"}

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background

Facts of the Case

Background

Goldlock Industries (2003) (Pvt) Ltd was placed under liquidation after its property (Stand 666 Marlborough Township) had been declared specially executable and sold by the Sheriff to the 3rd respondent. The liquidator sought a declaratory order that the property still formed part of the company's assets, despite the judicial sale having been completed before liquidation.

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