Shilling Mavumbuka Sibanda versus Yambukai Holdings (Private) Limited and The Sheriff of Zimbabwe N.O

HH 84-17

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Case Details

Court

Harare High Court

Date

8 February 2017

Citation

HH 84-17

Neutral Citation

[2017] ZWHH 84

Outcome

unknown

Case Type

Application

Bench

Presiding

Chitapi J

Full Bench

Chitapi J

Areas of Law

Civil procedureExecution lawProperty law

Keywords

Rule 348AGreat hardshipDwelling house attachmentExecution debtorPostponement of sale

Key Issues

{"issue_text":"Whether the applicant established that he or his family will suffer great hardship if the dwelling is sold","issue_type":"mixed","dispositive":"yes","related_facts":"Property is applicant's only dwelling, resides with seven children, no alternative accommodation readily available"}
{"issue_text":"Whether the applicant made a reasonable offer to settle the judgment debt","issue_type":"law","dispositive":"yes","related_facts":"Offer to settle by 28 February 2017 with funds from sons"}
{"issue_text":"Whether the first respondent's point in limine had merit","issue_type":"procedural","dispositive":"no","related_facts":"Allegations about applicant's earlier knowledge of judgment"}

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background

Facts of the Case

Background

The applicant, Shilling Mavumbuka Sibanda, applied for postponement of the sale in execution of his residential property (Stand 7523 Zengeza Township) which was attached to satisfy a default judgment granted against him in favor of the first respondent. The applicant claimed he was unaware of the judgment until he saw an advertisement for the sale of his property and offered to settle the debt by February 2017.

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