Vere v Shiri & Anor (HC 1244 of 2020; HH 205 of 2020; Ref 10155 of 2019; Ref HC 1009 of 2019; Ref HC 5035 of 2018) [2020] ZWHHC 205 (11 March 2020)

Vere v Shiri & Anor (HC 1244 of 2020; HH 205 of 2020; Ref 10155 of 2019; Ref HC 1009 of 2019; Ref HC 5035 of 2018) [2020] ZWHHC 205 (11 March 2020)

The application for postponement/suspension of sale is granted because there is a pending application for rescission with good prospects of success, the applicant was not in wilful default due to improper service, and the respondent's opposition was not bona fide.

Source-derived case information.

Citation
[2020] ZWHHC 205
Parties
Applicant: Owen Vere; Respondent: Tapiwa Shiri; Respondent: Sheriff of Zimbabwe
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
11 March 2020
Case Number
HC 1244 of 2020 ; HH 205 of 2020 ; Ref 10155 of 2019 ; Ref HC 1009 of 2019 ; Ref HC 5035 of 2018
Procedural Posture
Urgent Chamber Application / Application for Postponement/suspension of Sale Pending Rescission
Outcome
Application granted with costs on the legal practitioner and client scale.
Legal Topics
Urgent Applications, Stay of Execution, Rescission of Judgment, Sale in Execution, Service of Court Process, Costs
Source Language
english
Civil Procedure Property Law Urgent Applications Stay of Execution Rescission of Judgment Sale in Execution Service of Court Process Costs

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Parties

Owen Vere

Applicant

Tapiwa Shiri

Respondent

Sheriff of Zimbabwe

Respondent

Procedural Posture

Urgent Chamber Application / Application for Postponement/suspension of Sale Pending Rescission

Legal Issues

  1. 1 Whether the sale of the applicant's dwelling should be postponed or suspended pending determination of an application for rescission of judgment
  2. 2 Whether the applicant has shown good cause for the postponement/suspension
  3. 3 Whether the respondent's opposition is bona fide

Ratio Decidendi

The application for postponement/suspension of sale is granted because there is a pending application for rescission with good prospects of success, the applicant was not in wilful default due to improper service, and the respondent's opposition was not bona fide.

Court Disposition

Application granted with costs on the legal practitioner and client scale.

Orders

  • Postponement/suspension of sale of applicant's dwelling pending determination of application for rescission in HC10155/19.
  • Respondent to pay costs on the legal practitioner and client scale.