Judgment No. SC 17/18 1
Civil Appeal No. SC 470/15
REPORTABLE
(15)
CBZ
(1)
DAVID
MOYO
BANK LIMITED
v
(2) DEPUTY SHERIFF
HARARE
SUPREME COURT OF ZIMBABWE
BEFORE: PATEL JA, MAVANGIRA JA & UCHENA JA
HARARE, JULY 27, 2017 & MARCH 8, 2018
S.M. Hashiti and C Malaba, for the appellant
S. Evans, for the first respondent
UCHENA JA: This is an appeal against the whole judgement of the High Court.
The facts of this case are common cause.
On 28 November 2011, the Deputy Sheriff attached immovable property known as
stand number 1301 Tynwald South Township of Stand 1042 Tynwald South measuring 383m2,
registered under Deed of Transfer No. 9072/2008 (hereinafter referred to as the property). The
attachment was pursuant to a writ of execution issued in favour of the appellant (the judgment
creditor a quo). The appellant had obtained judgment against one Nompiliso Maphosa in case
number HC 6553/11.