Sakunda Trading (Private) Limited and Metallon Gold (Private) Limited v DTZ-OZ Geo (Private) Limited and The Sheriff of Zimbabwe and Hollands Auctioneers and Antonio & Dzvetero Legal Practitioners

HH 840-17

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Case Details

Court

Harare High Court

Date

21 December 2017

Citation

HH 840-17

Neutral Citation

[2017] ZWHH 840

Outcome

unknown

Case Type

Urgent Application

Bench

Presiding

Chitakunye J

Full Bench

Chitakunye J

Areas of Law

Civil ProcedureExecution of JudgmentsJudicial Attachment

Keywords

judicial attachmentexecutionauctionsheriffproceedsinterdict

Key Issues

{"issue_text":"Whether property that was under judicial attachment could be lawfully sold without sheriff's authority","issue_type":"legal","dispositive":"yes","related_facts":"Property attached in 2015, remained under attachment, sold in October 2017"}
{"issue_text":"Whether the fourth respondent acted fraudulently in authorizing the sale","issue_type":"legal","dispositive":"no","related_facts":"Fourth respondent signed auction agreement, proceeds paid to their account"}

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background

Facts of the Case

Background

The applicants are judgment creditors who had property attached through the Sheriff for execution. Despite a stay of execution being granted in April 2017, the property was sold at auction in October 2017 without the applicants' knowledge, with proceeds paid to the fourth respondent's account. The applicants sought urgent interim relief to prevent dissipation of the auction proceeds.

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