Rabco Wholesalers (Pvt) Ltd v Bulawayo City Council & 4 Ors

HB 135/21

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Case Details

Court

Bulawayo High Court

Date

15 July 2021

Citation

HB 135/21

Neutral Citation

[2021] ZWHB 135

Outcome

unknown

Case Type

Application

Bench

Presiding

MAKONESE J

Full Bench

MAKONESE J

Areas of Law

Property LawCivil Procedure

Keywords

sale in executiondeclaratory orderres judicatajudicial attachmentRule 359Rule 358

Key Issues

{"issue_text":"Whether the application for declaratory order is barred by res judicata","issue_type":"procedural","dispositive":"no","related_facts":"Previous applications HC 2551/16 and others"}
{"issue_text":"Whether applicant has established requirements for a declaratory order under section 14 of the High Court Act","issue_type":"law","dispositive":"yes","related_facts":"Applicant no longer holds rights in property, sale confirmed in 2015"}
{"issue_text":"Whether the sale in execution was conducted properly","issue_type":"mixed","dispositive":"no","related_facts":"Applicant's failure to object within time limits"}

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background

Facts of the Case

Background

The applicant sought a declaratory order to nullify the sale in execution of its immovable property (Stand 1116 Bulawayo Township) which was sold on 6 November 2015 following a default judgment obtained by Bulawayo City Council under case HC 3088/13. The property was sold for USD$50,000 and the sale was confirmed on 15 December 2015. The applicant had previously challenged the sale through multiple applications which were either dismissed or abandoned.

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