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Harare High Court

Loth Sithole and Alice Sithole v MBCA Bank Limited and The Sheriff

HH 256-17

Case Details

Court
Harare High Court
Date
26 April 2017
Citation
HH 256-17
Neutral Citation
[2017] ZWHH 256
Outcome
unknown
Case Type
Application

Bench

Presiding
Zhou J
Full Bench
Zhou J
Areas of Law
Banking lawCivil procedureExecution of judgments
Keywords
Sale in executionImmovable propertyDwelling houseHardshipReasonable offerJudgment debt
Tags
Sale in executionImmovable propertyDebt recoveryExecution proceedings
legislation
Statutes Cited
  • High Court Rules, 1971
  • Constitution of Zimbabwe Amendment (No. 20) Act, 2013
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the applicants have satisfied the requirements for postponement or suspension of sale in execution under Order 40 r 348A (5e)","issue_type":"mixed","dispositive":"yes","related_facts":"Occupation of property, hardship if evicted, reasonableness of settlement offer"}
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background
Facts of the Case

Background

The applicants, a married couple with four children, sought to suspend the sale in execution of their only residence (2061 Bluffhill Township) to pay a judgment debt of US$59,361.32 plus 30% interest awarded to MBCA Bank. They offered monthly installments of US$1,800 over 50 months, claiming hardship if evicted.
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