Mubeen Ismail and Shireem Ismail v Shepherd Gwasira and The Additional Sheriff, Mutare N.O

HH 513-18

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Case Details

Court

Harare High Court

Date

28 August 2018

Citation

HH 513-18

Neutral Citation

[2018] ZWHH 513

Outcome

unknown

Case Type

Urgent Application

Bench

Presiding

Chikowero J

Full Bench

Chikowero J

Areas of Law

Property LawCivil ProcedureEviction

Keywords

Sheriff's saleEviction orderStay of executionDefault judgmentProperty transfer

Key Issues

{"issue_text":"Whether the applicant has a prima facie right to remain in occupation of Shepherd's property pending determination of the application for rescission of default judgment","issue_type":"law","dispositive":"yes","related_facts":"Transfer of title to Shepherd, pending eviction order, pending rescission application"}
{"issue_text":"Whether the pending court application for review constitutes a challenge to Shepherd's title to the property","issue_type":"law","dispositive":"yes","related_facts":"Pending review application, transfer of title, eviction order"}

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background

Facts of the Case

Background

Mubeen Ismail and the late Shireem Ismail filed an urgent chamber application for stay of eviction pending determination of their application for rescission of default judgment. The background involves a court application for review challenging the Sheriff's confirmation of the sale of stand 571 Jacaranda Drive, Rusape to Shepherd Gwasira for US$30,000, which the Ismails contended was ridiculously low. Despite the pending review application, transfer was effected in favor of Shepherd on 18 February 2016, and an eviction order was granted by Tagu J on 25 July 2018.

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