SC 17-2018 CBZ BANK LTD v DAVID MOYO + 1 SC 470.15 final

CBZ     BANK     LIMITED

v

  1. DAVID           MOYO           (2)    DEPUTY     SHERIFF            HARARE

 

 

SUPREME COURT OF ZIMBABWE

BEFORE: PATEL JA, MAVANGIRA JA & UCHENA JA

HARARE, JULY 27, 2017 & MARCH 8, 2018

 

 

S.M. Hashiti and C Malaba, for the appellant

S. Evans, for the first respondent

 

        UCHENA JA: This is an appeal against the whole judgement of the High Court.

 

The facts of this case are common cause.

 

On 28 November 2011, the Deputy Sheriff attached immovable property known as stand number 1301 Tynwald South Township of Stand 1042 Tynwald South measuring 383m2, registered under Deed of Transfer No. 9072/2008 (hereinafter referred to as the property). The attachment was pursuant to a writ of execution issued in favour of the appellant (the judgment creditor a quo). The appellant had obtained judgment against one Nompiliso Maphosa in case number HC 6553/11.

 

2018

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