Watson Machiwenyika v Martin Chingwaru and Kudakwashe Takawira and Sheriff of the High Court of Zimbabwe

Key Issues

• {"issue_text":"Whether condonation should be granted for the late filing of the application","issue_type":"procedural","dispositive":"yes","related_facts":"The initial chamber application was filed a day out of time"}
• {"issue_text":"Whether the sale in execution of the family home should be suspended","issue_type":"mixed","dispositive":"yes","related_facts":"The property is the family home, jointly owned, and the applicant claims the bitumen machine is available to satisfy the debt"}
• {"issue_text":"Whether the applicant will suffer great hardship if the property is sold","issue_type":"law","dispositive":"yes","related_facts":"The property is the family home where the applicant lives with his three children"}
• {"issue_text":"Whether the applicant has made a reasonable offer to settle the judgment debt","issue_type":"mixed","dispositive":"yes","related_facts":"The applicant claims the bitumen machine is available for sale to satisfy the debt"}
• {"issue_text":"Whether the joint ownership of the property makes it inexecutable","issue_type":"law","dispositive":"yes","related_facts":"The property is registered in the names of the applicant and his late wife"}

Background