TINASHE ABLE CHIMANIKIRE and ARMINCO INVESTMENTS (PVT) LTD v CENTRAL AFRICA BUILDING SOCIETY and TAWANDA JAKACHIRA and THE SHERIFF OF HIGH COURT

HH 639-18

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Case Details

Court

Harare High Court

Date

10 October 2018

Citation

HH 639-18

Neutral Citation

[2018] ZWHH 639

Outcome

unknown

Case Type

Application

Bench

Presiding

MATHONSI J

Full Bench

MATHONSI J

Areas of Law

Civil ProcedureProperty Law

Keywords

Rule 359Sheriff's saleConfirmation of saleDeed of settlementUnreasonably low price

Key Issues

{"issue_text":"Whether Rule 359(8) is available to a judgment debtor who has consented to the Sheriff confirming the sale","issue_type":"procedural","dispositive":"yes","related_facts":"The applicants consented to the confirmation and brought the application under Rule 359(8)"}
{"issue_text":"Whether the Sheriff's confirmation of sale by consent can be set aside under Rule 359(8)","issue_type":"law","dispositive":"yes","related_facts":"The Sheriff acted on the parties' consent agreement"}
{"issue_text":"Whether the property was sold for an unreasonably low price","issue_type":"fact","dispositive":"no","related_facts":"The auction price was $230,000; applicants alleged better offers of $470,000 and $300,000"}

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Facts of the Case

Background

The applicants, judgment debtors, objected to the sale of their immovable property by the Sheriff on the ground that it was sold for an unreasonably low price. The parties reached a settlement which was submitted to the Sheriff, agreeing to suspend the sale until 28 February 2018 to allow the applicants to secure an offer exceeding $230,000. When the applicants failed to secure such an offer, the Sheriff confirmed the sale in terms of the consent agreement. The applicants then brought this application to set aside the confirmation under Rule 359(8).

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