Peddington Gura v International Export Trading Company Zimbabwe (Pvt) Ltd and Sheriff for Zimbabwe N.O

HH 696-17

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Case Details

Court

Harare High Court

Date

17 October 2017

Citation

HH 696-17

Neutral Citation

[2017] ZWHH 696

Outcome

unknown

Case Type

Application

Bench

Presiding

Musakwa J

Full Bench

Musakwa J

Areas of Law

Property LawCivil Procedure

Keywords

Sale in executionSuspensionGreat hardshipReasonable offerRule 348AWarrant of execution

Key Issues

{"issue_text":"Whether the applicant has demonstrated he will suffer great hardship if the property is sold in execution","issue_type":"mixed","dispositive":"yes","related_facts":"Property is family's only home; applicant survives on wife's earnings; applicant farms at Riverside Farm"}
{"issue_text":"Whether the applicant's proposal constitutes a reasonable offer to satisfy the judgment debt","issue_type":"mixed","dispositive":"yes","related_facts":"Joint venture agreement with Row-Croppers; projected earnings; no actual agreement attached"}

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background

Facts of the Case

Background

The applicant sought suspension of sale in execution of his Marlborough property following a 2015 judgment for $111,365.96. He proposed paying through a joint venture arrangement with Row-Croppers (Private) Limited in tranches of $30,000 from November 2017 to 2020, claiming the property was his family's only home and he would suffer great hardship.

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