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Harare High Court
Same Same and Linda Same v Z.B Bank Limited and The Sheriff for Zimbabwe N.O
HH 240-25
Case Details
Court
Harare High Court
Date
3 April 2025
Citation
HH 240-25
Neutral Citation
[2025] ZWHH 240
Outcome
unknown
Case Type
Urgent Application
Bench
Presiding
CHIRAWU-MUGOMBA J
Full Bench
CHIRAWU-MUGOMBA J
Areas of Law
Banking & FinanceCivil ProcedureConstitutional Law
Keywords
Sale in executionMortgage bondRecusal applicationRight to shelterHardship
Tags
BankingExecutionMortgageRecusal
legislation
Statutes Cited
- Constitution of Zimbabwe
- Constitution of Zimbabwe
- Constitution of Zimbabwe
ai analysis
Case Summary
Key Issues
- {"issue_text":"Does Rule 71(14)(a) of High Court Rules 2021 apply to suspend sale in execution of property subject to mortgage bond?","issue_type":"procedural","dispositive":"yes","related_facts":"Property mortgaged to first respondent, applicants seeking suspension"}
- {"issue_text":"Should the judge recuse herself for alleged bias?","issue_type":"procedural","dispositive":"no","related_facts":"Applicants' discomfort with judge's comments during case management"}
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background
Facts of the Case
Background
Applicants sought suspension of sale in execution of their dwelling house under Rule 71(14)(a) of High Court Rules 2021. First respondent raised preliminary point that property subject to mortgage bond cannot be protected. Applicants also brought recusal application against presiding judge which was dismissed.
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