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Bulawayo High Court
Peter Magaracha a.k.a. Peter Godfres Magaracha v Lobengula Secondary School Development Association and The Additional Sheriff, Bulawayo
HB 117/19
Case Details
Court
Bulawayo High Court
Date
18 July 2019
Citation
HB 117/19
Neutral Citation
[2019] ZWHB 117
Outcome
unknown
Case Type
Application
Bench
Presiding
Mabhikwa J
Full Bench
Mabhikwa J
Areas of Law
Civil ProcedureProperty LawDebt Recovery
Keywords
sale in executiondwellinggreat hardshipRule 348Apostponementsuspension
Tags
sale in executiondwelling househardshipdebt collection
legislation
Statutes Cited
- High Court Rules, 1971
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether applicant has shown \"great hardship\" to warrant suspension of sale in execution under Rule 348A","issue_type":"mixed","dispositive":"yes","related_facts":"Applicant's family occupies the dwelling; applicant offers alternative payment plans"}
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background
Facts of the Case
Background
The applicant sought to suspend the sale in execution of his dwelling to satisfy a US$26,000 debt owed to a school development association for a bus he failed to deliver. Despite multiple promises and a consent order, he failed to pay the debt over five years.
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