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Supreme Court

Walezim Investments (Private) Limited v (1) The Sheriff of the High Court (2) Crombil Investments (Private) Limited (3) Temba Hwati and Five Others (4) Muvingi & Mugadza Legal Practitioners (5) Registrar of Deeds

SC 44/21

Case Details

Court
Supreme Court
Date
13 May 2021
Citation
SC 44/21
Neutral Citation
[2021] ZWSC 44
Outcome
unknown
Case Type
Appeal

Bench

Presiding
MAVANGIRA JA
Full Bench
MAVANGIRA JABHUNU JACHATUKUTA AJA
Areas of Law
Property LawCivil ProcedureAdministrative Law
Keywords
Sale in ExecutionConfirmation of SaleSheriffTransferEvictionJudgment DebtConveyancer
Tags
Sale in ExecutionTransfer of PropertyEvictionSheriff's Powers
legislation
Statutes Cited
  • Rules of the High Court, 1971
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether payment of the debt by the appellant after the confirmation of the sale vitiated the sale in execution and any consequent actions.","issue_type":"law","dispositive":"yes","related_facts":"Confirmation of sale on 13 November 2017; appellant's payment of judgment debt after confirmation; second respondent's payment of purchase price and acquisition of title."}
  • {"issue_text":"Whether the second respondent had the right to evict the appellant from the property and claim holding over damages.","issue_type":"law","dispositive":"yes","related_facts":"Second respondent obtained title; appellant in occupation; eviction application."}
  • {"issue_text":"Whether the court a quo erred in holding that the first respondent's decision to confirm the sale was administrative and could not be usurped.","issue_type":"law","dispositive":"no","related_facts":"Sheriff's confirmation of sale; appellant's challenge to the decision."}
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background
Facts of the Case

Background

The appellant's property was sold in execution to the second respondent. The sale was confirmed by the Sheriff on 13 November 2017. The appellant paid the judgment debt after the confirmation of the sale but before transfer was effected. The second respondent paid the full purchase price and obtained transfer. The appellant sought to set aside the sale and cancel the transfer, but the High Court dismissed its applications and upheld the eviction order.
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