HH 443-18 TAWANDA JAKACHIRA & Anor v THE SHERIFF OF ZIMBABWE (NO) & Ors

TAWANDA JAKACHIRA

and

WINNIE JAKACHIRA

versus

THE SHERIFF OF ZIMBABWE (NO)

and

COLLEN CECIL ROSE

and

PATISON SITHOLE

and

REGISTRAR OF DEEDS (N.O)

 

 

 

HIGH COURT OF ZIMBABWE
TSANGA J
HARARE, 13 & 25 July 2018

 

 

 

Urgent Chamber Application

 

T Moyo & V Vhera, for the applicants
S Hashiti and K Kachambwa, for the 2nd respondent
D Matambo, for the  3rd Respondent

 

 

TSANGA J: This urgent chamber application seeks an order to force the Sheriff to go ahead with a scheduled sale in execution which he cancelled upon discovery that he had signed papers for the transfer of the same property that was under sale to a different party who had obtained an order to transfer. The background to the matter is as follows.

            The applicants obtained an arbitral award against one Frank Buyanga on 16 December 2015. They had then registered the award as an order of the High Court under HC 12483/15 on 3 February 2016. Following the registration of the arbitral award they thereafter sought to execute upon it to recover the debt owed. In pursuance of this, a writ of execution against the movable and immovable property of Frank Buyanga was issued on the 15th of March 2016. 

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