Stanley Mpofu and Cecilia Mpofu v Sampson Samuel Mlaudzi and The Sheriff of Zimbabwe N.O. and Obey Magwekwe

HB 220/20

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Case Details

Court

Bulawayo High Court

Date

22 October 2020

Citation

HB 220/20

Neutral Citation

[2020] ZWHB 220

Outcome

unknown

Case Type

Application

Bench

Presiding

Moyo J

Full Bench

Moyo J

Areas of Law

Property LawCivil Procedure

Keywords

sale in executionsetting aside saleproperty valuationRule 359sheriff's auction

Key Issues

{"issue_text":"Whether the sale in execution should be set aside on grounds that the sale price was unreasonably low","issue_type":"mixed","dispositive":"yes","related_facts":"Sale price of ZW$300,000 vs valuation of ZW$680,000; valuation prepared 19 days after sale"}
{"issue_text":"Whether the valuation report provides adequate evidence that the sale price was unreasonably low","issue_type":"law","dispositive":"yes","related_facts":"Valuation report dated 22 May 2019 using exchange rate from that date; sale conducted on 3 May 2019"}
{"issue_text":"Whether the court can consider a sworn valuation report that was not placed before the Sheriff","issue_type":"procedural","dispositive":"yes","related_facts":"Valuation before Sheriff was unsworn; sworn valuation now before court"}

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background

Facts of the Case

Background

The applicants sought to set aside a sale in execution of their property conducted by the Sheriff on 3 May 2019 for ZW$300,000, arguing the price was unreasonably low compared to the property's forced sale value of ZW$680,000. The property was purchased by the 3rd respondent at a public auction.

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