Nehemiah Nhando v Bright Pharmacies (Pvt) Ltd and The Sheriff of Zimbabwe

HH 700-17

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Case Details

Court

Harare High Court

Date

12 October 2017

Citation

HH 700-17

Neutral Citation

[2017] ZWHH 700

Outcome

unknown

Case Type

Application

Bench

Presiding

Chitakunye J

Full Bench

Chitakunye J

Areas of Law

Civil procedureExecutionProperty law

Keywords

Sale in executionDwelling houseGreat hardshipRule 348ASettlement offer

Key Issues

{"issue_text":"Whether the applicant has satisfied the requirements for postponement or suspension of sale in execution under Order 40 rule 348A(5e)","issue_type":"mixed","dispositive":"yes","related_facts":"Applicant's residence claim, hardship allegation, settlement offer"}
{"issue_text":"Whether the applicant would suffer \"great hardship\" if the dwelling were sold","issue_type":"factual","dispositive":"no","related_facts":"Applicant's residence situation, property value vs debt, alternative accommodation"}
{"issue_text":"Whether the applicant's settlement offer was reasonable","issue_type":"mixed","dispositive":"no","related_facts":"Previous payment failures, undisclosed income, offer terms"}

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background

Facts of the Case

Background

The applicant, a self-actor, sought to suspend the sale in execution of his dwelling house to satisfy a judgment debt of US$11,326. He claimed to occupy the property with his family and offered to pay US$500 monthly from November 2017. The first respondent opposed, alleging the applicant did not reside at the property and had failed to honour previous payment commitments.

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