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ZIMUNHU v GWATI & ORS 2002 (1) ZLR 602 (S)

2002 (1) ZLR p602

Citation

2002 (1) ZLR 602 (S)

Case No

Judgment No. S-43-02

Court

Supreme Court, Harare

Judge

Sandura JA, Ziyambi JA & Gwaunza AJA

Heard

13 May 2002

Judgment

13 June 2002

Counsel

I E G Musimbe, for the appellant
F Girach, for the second respondent
No appearance for the other respondents

Case Type

Civil appeal

Annotations

No case annotations to date

Flynote

Practice and procedure — execution — sale — when sale in execution may be set aside — sale price said to be unreasonably low — onus on judgment debtor — valuation certificate — what it should contain — need for such certificate to be on oath — weight to be attached to valuation certificate — setting aside of sale on equitable grounds — balance of equities must be in favour of judgment debtor — sale by private treaty capable of realising higher price — when may be treated as equitable ground

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