Harare Motorways (Private) Limited and African Banking Corporation of Zimbabwe v The Sheriff of the High Court of Zimbabwe N.O. and Doves Funeral Assurance Company Limited and Bluestar Logistics (Private) Limited and The Registrar of Deeds N.O.

HH 684/22

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Case Details

Court

Harare High Court

Date

5 October 2022

Citation

HH 684/22

Neutral Citation

[2022] ZWHH 684

Outcome

unknown

Case Type

Application

Bench

Presiding

MAKOMO J

Full Bench

MAKOMO J

Areas of Law

Property LawCivil Procedure

Keywords

sale in executionconfirmation of salefunctus officiocaveatauction

Key Issues

{"issue_text":"At what point does a purchaser at a sale in execution acquire personal rights of a purchaser?","issue_type":"law","dispositive":"yes","related_facts":"Sale by public auction, declaration of highest bidder, no confirmation made"}
{"issue_text":"Whether the first respondent acted lawfully when he confirmed the sale of the property to the second respondent?","issue_type":"law","dispositive":"yes","related_facts":"Sale cancelled, mandate withdrawn, confirmation made eight months later"}

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background

Facts of the Case

Background

The applicants sought to declare unlawful and set aside the confirmation of sale by the Sheriff to the second respondent of a property that had been attached and sold in execution. The Sheriff had initially cancelled the sale due to liquidation proceedings involving a related company, but later purported to confirm the sale eight months later, after the applicants had withdrawn the mandate and sold the property to a third party.

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