Lloyd Madyegaswa v Kingdom Bank Limited and Ronald Mugabe and Declan Patrick Joseph Kelly and Sheriff of Zimbabwe and Registrar of Deeds N.O. Bulawayo

HH 164-22

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Case Details

Court

Harare High Court

Date

16 March 2022

Citation

HH 164-22

Neutral Citation

[2022] ZWHH 164

Outcome

unknown

Case Type

Application

Bench

Presiding

TSANGA J

Full Bench

TSANGA J

Areas of Law

Property LawBanking LawCivil Procedure

Keywords

Sale in executionEquityPignus judicialeSheriff's salePrivate treaty

Key Issues

{"issue_text":"Whether the court can set aside a confirmed sheriff's sale on equitable grounds where the creditor had knowledge of and accepted payment from a private sale before confirmation","issue_type":"mixed","dispositive":"yes","related_facts":"Bank's knowledge and acceptance of payment; confirmation after payment received"}
{"issue_text":"Whether the applicant followed proper procedure in challenging the sheriff's sale","issue_type":"procedural","dispositive":"no","related_facts":"No objection filed under r 359 before court application"}

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background

Facts of the Case

Background

The applicant purchased property by private treaty from the third respondent while it was under judicial attachment for sale in execution. The sale proceeds were used to settle the judgment debt with the first respondent bank's knowledge, but the property had also been sold to the second respondent through sheriff's sale. The applicant sought to set aside the sheriff's sale confirmation on equitable grounds.

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