YEYANI MOYO
versus
ZB BANK LIMITED
and
SHERIFF OF THE HIGH COURT OF ZIMBABWE
and
TAMBANASHE ENTERPRISES (PRIVATE) LIMITED
and
DOMINIC BENHURA
and
GOLD RECOVERY GROUP (PRIVATE) LIMITED
and
PAUL DIAMOND
HIGH COURT OF ZIMBABWE
TAGU J
HARARE, 20 March 2018 & 2 April 2018
Urgent Chamber Application
H Munhungowarwa, for applicant
O Mutero, for 1st, 2nd, 3rd, 4th, 5th and 6th respondents
TAGU J: The applicant invoked r 348A of the High Court Rules 1971 to stop the sale in execution of a dwelling house scheduled for 16th March 2018 that was purportedly attached on the 28th of February 2018 by the second respondent acting under the instructions of the first respondent. The attached property is a piece of land situate in the district of Salisbury called Stand Number 48 Emerald Hill Township 2 of Stand 26 B Emerald Hill measuring 2002 square metres. This application was brought as an urgent chamber application seeking the following relief-
“TERMS OF FINAL ORDER SOUGHT
That you show cause to the Honourable Court why a final order should not be made in the following terms-
- The 2nd Respondent be and is hereby interdicted from selling the property belonging to the Applicant.
- That 1st Respondent be and is hereby ordered to pay the costs of this suit at a higher scale.