ELIAS HWENGA

and

MERCY HWENGA

versus

FBC BANK LIMITED

and

THE SHERIFF OF ZIMBABWE

HIGH COURT OF ZIMBABWE

KWENDA J

HARARE, 21, 23 & 31 May, 2018 and 1 June 2018 & 13 June 2018

Urgent Chamber Application

F Chinwawadzimba, for the applicants

K Kachambwa, for the respondents

            KWENDA J: The applicants have filed this urgent application for an order staying/suspending the execution sale of their dwelling at Stand 309 The Grange Township subject to the fulfilment of alternative settlement offers.

Advocate Chinwawadzamba appeared for the applicants. The court noted that the applicant had filed papers as self-actors and there was no assumption of agency on file. Advocate Chinwawadzimba waved to me what she said was a ‘brief’ by Govere Law Chambers instructing her to appear and argue the matter. The matter proceeded on the understanding that the applicants were represented by Govere Law Chambers and a formal assumption of agency would be filed by the law firm in due course. In argument Advocate Chinwawadzimba conceded that the application is fatally defective in form. Among other things:-

(i)         it is in the form of a urgent chamber application envisaged in rule 244 as opposed to an chamber application in terms of rule 348A(5b)

(ii)        the application lacks clarity and seriousness in view of several alternative settlement offers which are not reconcilable.

(ii)        the draft order is meaningless

(iii)       the draft order is in form of a provisional order