OTTO CHIMWANENGARA
versus
THE SHERIFF OF THE HIGH COURT OF ZIMBABWE (N.O)
and
DEBRA CHAMBARA
HIGH COURT OF ZIMBABWE
MUZOFA J
HARARE, 17 July 2018 & 20 August 2018
Opposed Application – exception
A Nyamupfukudza, for the respondent (plaintiff)
G Sithole, for the 1st defendant
G Nyengedza, for the excipient (2nd defendant)
MUZOFA J: This is an exception by the second defendant to summons issued out of this court by the plaintiff on 2 May 2018 against the defendants.
In the summons the plaintiff alleged that sometime in 2014 on the instructions of the second defendant, an auction was conducted by auctioneers Hammer and Tongues in respect of an immovable property stand 783 Bannockburn Township . Plaintiff’s bid won and he paid US$36 500.00. The sale was confirmed and he deposited the transfer fees with the conveyancers. In due course, however he was advised by the conveyancers that the sale had been rescinded and the property sold by private treaty to the second defendant without his knowledge. Plaintiff applied to place a caveat on the property which was served on the first defendant. Despite knowledge of what was taking place in respect of the property, the first defendant advised the conveyancers to transfer the property to the second defendant. The first defendant continued to hold on to the purchase price
