Makupe v ZB Bank Ltd. (HC 9763 of 2012; HH 257 of 2016) [2016] ZWHHC 257 (27 April 2016)

Makupe v ZB Bank Ltd. (HC 9763 of 2012; HH 257 of 2016) [2016] ZWHHC 257 (27 April 2016)

The applicant failed to establish the likelihood of great hardship and did not make a reasonable or bona fide offer to settle the judgment debt. The application was without merit and amounted to an abuse of court process.

Source-derived case information.

Citation
[2016] ZWHHC 257
Parties
Applicant: Terence Makupe; Respondent: ZB Bank Limited
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
27 April 2016
Case Number
HC 9763 of 2012 ; HH 257 of 2016
Procedural Posture
Chamber Application – Rule 348 a (5b) / Ruling on Application to Suspend/postpone Sale in Execution
Outcome
Application dismissed
Legal Topics
Execution of Judgments, Suspension of Sale in Execution, Hardship in Execution Proceedings
Source Language
english
Civil Procedure Banking Law Debt Recovery Execution of Judgments Suspension of Sale in Execution Hardship in Execution Proceedings

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Parties

Terence Makupe

Applicant

ZB Bank Limited

Respondent

Procedural Posture

Chamber Application – Rule 348 a (5b) / Ruling on Application to Suspend/postpone Sale in Execution

Legal Issues

  1. 1 Whether the applicant is entitled to suspension or postponement of the sale in execution of his dwelling under Order 40 r 348A (5b) of the High Court Rules, 1971
  2. 2 Whether the applicant has established great hardship or made a reasonable offer to settle the judgment debt

Ratio Decidendi

The applicant failed to establish the likelihood of great hardship and did not make a reasonable or bona fide offer to settle the judgment debt. The application was without merit and amounted to an abuse of court process.

Court Disposition

Application dismissed

Orders

  • The application is dismissed.
  • The applicant shall pay the respondent’s costs on the attorney-client scale.