Puwayi Chiutsi versus The Sheriff of Zimbabwe and Barriade Investments (Pvt) Ltd and Elliot Rodgers

HH 477-21

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Case Details

Court

Harare High Court

Date

20 July 2021

Citation

HH 477-21

Neutral Citation

[2021] ZWHH 477

Outcome

unknown

Case Type

Application

Bench

Presiding

Chitapi J

Full Bench

Chitapi J

Areas of Law

Civil ProcedureProperty LawExecution Law

Keywords

Default judgmentProperty attachmentJudicial saleMisrepresentationAuction participation

Key Issues

{"issue_text":"Whether the judgment by Mathonsi J should be set aside on grounds that it was granted in error due to misrepresentation about the 2nd respondent's participation in the auction","issue_type":"law","dispositive":"yes","related_facts":"Property attachment and sale, misrepresentation allegations"}

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Facts of the Case

Background

Applicant Puwayi Chiutsi, a legal practitioner, had his property attached and sold in execution to satisfy a judgment obtained by 3rd respondent Elliot Rodgers. The property was sold to 2nd respondent Barriade Investments (Pvt) Ltd at judicial sale on 18 September 2017. Following unsuccessful challenges to the sale, applicant filed this application seeking to set aside the previous judgment on grounds that the 1st respondent misled the court about the 2nd respondent's participation in the auction.

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