Manifesto Trading (Pvt) Ltd t/a Smart Pak & Ors v The Sheriff of the High Court of Zimbabwe N.O. & Ors

HB 230/22

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Case Details

Court

Bulawayo High Court

Date

8 September 2022

Citation

HB 230/22

Neutral Citation

[2022] ZWHB 230

Outcome

unknown

Case Type

Application

Bench

Presiding

Dube-Banda J

Full Bench

Dube-Banda J

Areas of Law

Property LawCivil Procedure

Keywords

sale in executionrule 359unreasonably low pricenotice of hearingequity

Key Issues

{"issue_text":"Whether the court has jurisdiction to consider procedural irregularity in notice when matter was remitted for determination on merits","issue_type":"procedural","dispositive":"no","related_facts":"Applicants not notified of hearing date"}
{"issue_text":"Whether the sale should be set aside on grounds that judgment debt was fully paid","issue_type":"mixed","dispositive":"yes","related_facts":"Payment claims made in October 2019 and July 2020"}
{"issue_text":"Whether the sale price of ZWL350,000 was unreasonably low","issue_type":"fact","dispositive":"yes","related_facts":"Valuation report showing ZWL2,000,000 market value"}

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background

Facts of the Case

Background

The applicants sought to set aside the Sheriff's confirmation of sale of their property in execution, arguing lack of notice of hearing, full payment of debt, and unreasonably low sale price. The property was sold by private treaty for ZWL350,000 after previous sales were set aside.

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