Yeyani Moyo v ZB Bank Limited and Sheriff of the High Court of Zimbabwe and Tambanashe Enterprises (Private) Limited and Dominic Benhura and Gold Recovery Group (Private) Limited and Paul Diamond

HH 223-18

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Case Details

Court

Harare High Court

Date

2 April 2018

Citation

HH 223-18

Neutral Citation

[2018] ZWHH 223

Outcome

unknown

Case Type

Urgent Application

Bench

Presiding

TAGU J

Full Bench

TAGU J

Areas of Law

Civil ProcedureProperty LawExecution

Keywords

urgencyrule 348Aattachmentexecutioninterim relief

Key Issues

{"issue_text":"Whether the application meets the requirements of urgency as established in Kuvarega v Registrar General & Anor","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant's awareness of attachment since July 2015; failure to act for over two years"}
{"issue_text":"Whether the application brought under rule 348A is fatally defective for non-compliance with Form 45 and being out of time","issue_type":"procedural","dispositive":"yes","related_facts":"Application not in Form 45; brought more than three years after attachment without condonation"}
{"issue_text":"Whether the applicant made material non-disclosure of facts","issue_type":"fact","dispositive":"yes","related_facts":"Failure to disclose attachment occurred in July 2015, not February 2018"}

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background

Facts of the Case

Background

The applicant sought to stop a sale in execution of a dwelling house scheduled for 16 March 2018. The property had actually been attached in July 2015, over two and a half years prior, but the applicant failed to disclose this material history to the court, creating a false impression of urgency.

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