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Bulawayo High Court
Thabani Ndlovu v Central Africa Building Society & 2 Ors
HB 39/20
Case Details
Court
Bulawayo High Court
Date
27 February 2020
Citation
HB 39/20
Neutral Citation
[2020] ZWHB 39
Outcome
unknown
Case Type
Application
Bench
Presiding
Moyo J
Full Bench
Moyo J
Areas of Law
Property LawCivil Procedure
Keywords
sale in executionproperty valuationmarket valueforced salesetting aside sale
Tags
sale in executionproperty valuationexecution proceedings
legislation
Statutes Cited
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ai analysis
Case Summary
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 $310,000 vs valuation reports of $566,387.50 and $480,578.00"}
- {"issue_text":"Whether unsworn valuation reports with identical errors can be relied upon","issue_type":"law","dispositive":"yes","related_facts":"Valuation reports not sworn, contained identical grammatical errors"}
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background
Facts of the Case
Background
The applicant sought to set aside a sale in execution of his immovable property (Stand 131 Douglasdale Township 3) which was sold by the Sheriff for $310,000. He contended this was unreasonably low compared to two valuation reports showing market values of $566,387.50 and $480,578.00 respectively. He also claimed to have since paid the judgment debt in full.
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