HH 254-18 LUCILLE MAKWASHA and Anor versus INNSCOR APPLIANCE MANUFACTURING (PVT) LTD T/A CAPRI and Anor

LUCILLE MAKWASHA    

And

FELIX MAKWASHA                                  

versus

INNSCOR APPLIANCE MANUFACTURING (PVT) LTD T/A CAPRI

and

SHERIFF FOR ZIMBABWE N.O

 

 

 

HIGH COURT OF ZIMBABWE

MANGOTA J

HARARE, 20 February, 2018 and 16 May, 2018

 

 

Urgent Chamber Application

 

 

B. Mudhara, for the applicants

G. Madzoka, for the 1st  respondent

No appearance for the 2nd respondent

 

            MANGOTA J: This application was referred to me on the basis of urgency. I heard the parties’ submissions and dismissed it in the form of an ex tempore judgment.

            The applicants wrote, through their legal practitioners, requesting for reasons. These are they:

            The applicants are husband and wife. They co-own stand 810 Mandara Township of Lot 11 of Mandara of the Grange (“the property”).

            In about 2015 the husband’s business encountered financial difficulties. It failed to service its debts. Five of his creditors obtained judgments against him. Among the five creditors was the first respondent whom he owes the sum of $65 277.80.

            All the five creditors attached the property in an effort to each satisfy its claim against him. His wife owns an undivided half share in the property. She agreed with him to sell the same by private treaty. The idea was for them to realise more from such a sale than they would have realised through a forced sale.

            In July 2017, the applicants’ legal practitioners engaged the legal practitioners of their creditors who had attached their property. The engagement aimed at arriving at a distribution 

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2018